Minister for Immigration & Multicultural & Indigenous Affairs v Applicant VEAL of 2002 [2004] FCAFC 179

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v Applicant VEAL of 2002 [2004] FCAFC 179 MIGRATION – Refugee Review Tribunal – procedural fairness – adverse information given in confidence by informer – Tribunal declined to take that information into account – no denial of procedural fairness in failing to disclose that information to applicant Migration Act 1958 (Cth) ss 5, 424A, 438, 440 Administrative Appeals Tribunal Act 1975 (Cth) s 7(1A) Federal Court of Australia Act 1976 (Cth) s 6(2) Applicant VEAL of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 197 ALR 741 reversed Hall v Release on License Board (unreported, New South Wales Court of Appeal, 27 June 1989) applied Kioa v West (1985) 159 CLR 550 considered NAVK v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 160 referred to NIB Health Funds Ltd v Private Health Insurance Administration Council (2002) 115 FCR 561 considered Madafferi v Minister for Immigration and Multicultural Affairs [2000] FCA 158 referred to Percerep v Minister for Immigration & Multicultural Affairs (1998) 86 FCR 483 referred to Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 (2003) 211 CLR 476 referred to VAAC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 74 referred to Youssef v Minister for Immigration & Ethnic Affairs (1987) 14 ALD 550 referred to Roderick v Australian and Overseas Telecommunications Corporation Ltd (1992) 39 FCR referred to R v Gaming Board for Great Britain; Ex parte Benaim and Khaida [1970] 2 QB 417 referred to Hercules v Jacobs (1982) 60 FLR 82 referred to Phillips v Secretary, Department of Immigration and Ethnic Affairs (1994) 48 FCR 57 referred to Day v Douglas [1999] FCA 1444 referred to Commonwealth of Australia v Day [2000] FCA 474 referred to Bohills v Friedman [2001] FCA 569 (2001) 110 FCR 338 referred to MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS v APPLICANT VEAL OF 2002 V 427 of 2003 GRAY, WHITLAM and MANSFIELD JJ 9 JULY 2004 MELBOURNE