B41 of 2003 v Refugee Review Tribunal [2005] FCAFC 4

FEDERAL COURT OF AUSTRALIA

B41 of 2003 v Refugee Review Tribunal [2005] FCAFC 4

MIGRATION – appeal from a single judge affirming decision of Refugee Review Tribunal refusing a protection visa – whether Tribunal breached rules of procedural fairness – where Tribunal found no real chance that any ethnic violence could result in harm to the applicant – where widespread violence occurred three months later – whether there is an irreducible minimum qualitatively required of a 'review' – possible content thereof – whether and when appropriate for Court exceptionally to look to factual materials notoriously and/or readily available but not referred to by Tribunal. Flentjar v Repatriation Commission (1997) 48 ALD 1 cited Hendy v Repatriation Commission (2002) 72 ALD 112 cited Jess v Scott (1986) 12 FCR 187 followed Khan v Minister for Immigration & Ethnic Affairs (1987) 14 ALD 291 cited Minister for Immigration & Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 cited NACZ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 457 cited NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 160 cited Repatriation Commission v Hendy (2002) 76 ALD 47 cited WAAJ v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 409 cited WAEJ v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 76 ALD 597 cited NO. B41 OF 2003 V REFUGEE REVIEW TRIBUNAL AND MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS Q 51 OF 2004 SPENDER, MADGWICK & FINKELSTEIN JJ 11 FEBRUARY 2005 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q51 OF 2004

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

BETWEEN: NO. B41 OF 2003

APPELLANT

AND: REFUGEE REVIEW TRIBUNAL