NAVK v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 160

FEDERAL COURT OF AUSTRALIA

NAVK v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 160 MIGRATION – appeal from single Judge – protection visa – where documents provided in confidence – where Tribunal refused to disclose such documents – where Tribunal failed to consider whether it was possible to reconcile the confidence alleged and the appellant's interests – whether denial of procedural fairness as a result. Migration Act 1958 (Cth) Freedom of Information Act 1982 (Cth) Migration Legislation Amendment (Procedural Fairness) Act 2002 (Cth) Alister v The Queen (1984) 154 CLR 404 referred to Ansett Transport Industries Ltd v Secretary, Department of Aviation (1987) 73 ALR 205 cited Buttes Gas and Oil Co v Hammer (No. 3) [1981] 1 QB 223 referred to Chu v Minister for Immigration, Local Government & Ethic Affairs (1993) 45 FCR 540 referred to Chu v Minister for Immigration & Ethnic Affairs (1997) 78 FCR 314 referred to Johns v Australian Securities Commission (1993) 178 CLR 408 cited Kioa v West (1985) 159 CLR 550 discussed Luu v Minister for Immigration & Multicultural Affairs (2002) 127 FCR 24 cited Marine Power Australia Pty Ltd v Comptroller-General of Customs (1989) 89 ALR 561 cited Minister for Aboriginal & Torres Strait Islander Affairs v Western Australia (1996) 67 FCR 40 referred to NAAO v Secretary, Department of Immigration and Multicultural Affairs (2002) 117 FCR 401 referred to NAFQ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 473 cited Percerep v Minister for Immigration & Multicultural Affairs (1998) 86 FCR 483 discussed Re Minister for Immigration and Multicultural Affairs, Ex parte Miah (2001) 206 CLR 57 discussed Sankey v Whitlam (1978) 142 CLR 1 discussed Velmurugu v Minister for Immigration & Ethnic Affairs (1997) 48 ALD 193 distinguished WAGJ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 277 referred to WAEJ v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 76 ALD 597 discussed J D Heydon, Cross on Evidence, 6th Australian edition "Principles of Evidence and Administrative Tribunals" in E Campbell and L Waller (ed), Well and Truly Tried: Essays on Evidence, Law Book Co Ltd, 1982 M Aronson & B Dyer, Judicial Review of Administrative Action, 2nd ed, LBC Information Services, 2000 NAVK V MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 2192 OF 2003 BEAUMONT, CONTI & CRENNAN JJ 17 JUNE 2004 SYDNEY