VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158

FEDERAL COURT OF AUSTRALIA

VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158 MIGRATION – application for protection visa – Tribunal had regard to information from Lonely Planet Guide in rejecting aspect of appellant's claim – whether failure to provide appellant with opportunity to comment upon information constituted breach of s 424A of Migration Act 1958 (Cth) – whether information "the reason, or a part of the reason" for affirming decision under review – point raised on appeal having previously been abandoned at first instance – whether leave to rely upon proposed ground should be granted WORDS & PHRASES – "the reason, or a part of the reason" – s 424A(1) of Migration Act 1958 (Cth)

Migration Act 1958 (Cth) ss 424A, 441A, 476(1), 481(1)

VEAJ of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 678 at [33]-[34] referred to Minister for Immigration & Multicultural Affairs v Al Shamry (2001) 110 FCR 27 at 40-41 referred to Baig v Minister for Immigration & Multicultural Affairs [2002] FCA 380 referred to VHAJ v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 75 ALD 609 at [51]-[52] and [72] referred to NARV v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 203 ALR 494 at [17], [24] referred to SZADS v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1251 at [47] referred to Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 at 122 referred to Stead v State Government Insurance Commission (1986) 161 CLR 141 at 145 referred to Dagli v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 298 at [91] referred to Tuncok v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1069 referred to NATL v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 112 at [17] referred to Paul v Minister for Immigration & Multicultural Affairs (2001) 113 FCR 396 [94] referred to VAAC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 74 at [27] referred to H v Minister for Immigration & Multicultural Affairs (2000) 63 ALD 43 referred to O'Brien v Komesaroff (1982) 150 CLR 310 referred to Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 at [20]-[24] and [38] referred to Coulton v Holcombe (1986) 162 CLR 1 at 7 referred to VAF v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 123 at [30], [33], [41] followed NAMB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 718 at [80] referred to Re Minister for Immigration & Multicultural Affairs; Ex parte Lam (2003) 195 ALR 502 at [37] referred to