QAAC of 2004 v Refugee Review Tribunal [2005] FCAFC 92

FEDERAL COURT OF AUSTRALIA

QAAC of 2004 v Refugee Review Tribunal [2005] FCAFC 92

MIGRATION – appeal from a decision of a judge of the Federal Court dismissing an application for judicial review of a decision of the Refugee Review Tribunal – whether s 424A(3)(a) of the Migration Act 1958 (Cth) required the Tribunal to draw the applicant's attention to country information that was not specifically relevant to him – appeal dismissed.

Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), s 422B, s 424A, s 475A

VHAP of 2002 v Minister of Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 82 followed Minister for Immigration & Multicultural & Indigenous Affairs v NAMW [2004] FCAFC 264 followed WAJW v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 330 referred to QAAC OF 2004 v REFUGEE REVIEW TRIBUNAL AND THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS QUD 219 of 2004 DOWSETT, HELY AND LANDER JJ 17 MAY 2005 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD219 OF 2004

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

BETWEEN: QAAC OF 2004

APPELLANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGES: DOWSETT, HELY AND LANDER JJ

DATE OF ORDER: 17 MAY 2005

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD219 OF 2004

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

BETWEEN: QAAC OF 2004

APPELLANT