NALQ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 121

FEDERAL COURT OF AUSTRALIA

NALQ v Minister for Immigration & Multicultural & Indigenous Affairs

[2004] FCAFC 121

MIGRATION – judicial review – application for protection visa – application for review by Refugee Review Tribunal – appellant invited to attend oral hearing – appellant sought adjournment on basis of illness and pending operation – Tribunal request for medical certificate – no medical certificate provided – hearing proceeded in absence of appellant – whether contravention of s 425 – whether invitation illusory – whether breach of requirement of procedural fairness

Migration Act 1958 (Cth) s 414, s 420, s 425, s 426A

Migration Legislation Amendment (Procedural Fairness) Act 2002

Minister for Immigration and Multicultural Affairs v Capitly (1999) 55 ALD 365 cited

Hossain v Minister for Immigration and Multicultural Affairs [2000] FCA 842 cited

Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 198 ALR 293 cited

Mazhar v Minister for Immigration and Multicultural Affairs (2000) 183 ALR 188 cited

Liu v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 541 cited

Minister for Immigration & Multicultural Affairs v Mohammad (2000) 101 FCR 434 cited

Xiao v Minister for Immigration & Multicultural Affairs [2000] FCA 1472 cited

Sreeram v Minister for Immigration & Multicultural Affairs (2001) 106 FCR 578 cited

Applicant NAHF of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 140 cited

NALQ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N1655 of 2003

RYAN, FRENCH AND RD NICHOLSON JJ

10 MAY 2004

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1655 OF 2003

On Appeal from the Federal Magistrates Court of Australia

BETWEEN: NALQ

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS