NARE of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 135

FEDERAL COURT OF AUSTRALIA

NARE of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 135 ADMINISTRATIVE LAW - appeal - application to amend notice of appeal - breach of s 425 of the Migration Act 1958 (Cth) raised as new ground of appeal - leave refused because appellant invited to appear and did appear but appellant chose to limit claims and evidence - whether the Court had power to remedy the situation on principles of justice - whether there was procedural unfairness in the hearing before the Refugee Review Tribunal MIGRATION - visas - refusal to grant protection visa - whether there was jurisdictional error on behalf of the Refugee Review Tribunal - whether proceedings before Tribunal were vitiated by Tribunal's unawareness that applicant could not disclose true source of her fear to return to country of origin because of her fear of serious harm and duress - ground of appeal not raised before primary judge Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 425 NARE OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N325 OF 2003 WILCOX, KIEFEL AND BENNETT JJ SYDNEY 13 MAY 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N325 OF 2003

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: NARE OF 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: WILCOX, KIEFEL AND BENNETT JJ

DATE OF ORDER: 13 MAY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed with costs. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N325 OF 2003