Applicant P40/2003 v Refugee Review Tribunal [2005] FCAFC 107

FEDERAL COURT OF AUSTRALIA

Applicant P40/2003 v Refugee Review Tribunal [2005] FCAFC 107 MIGRATION – decision of Refugee Review Tribunal refusing protection visa – contents of country report considered by Tribunal not disclosed to appellant for comment – whether that failure amounted to jurisdictional error – appellant advised that information before the Department would be provided to the Tribunal – certain country information not provided – whether denial of opportunity to put best case and jurisdictional error Migration Act 1958 (Cth) P33/2003 v Refugee Review Tribunal [2004] FCA 474 referred to Muin v Refugee Review Tribunal (2002) 190 ALR 601; [2002] HCA 30 distinguished Mahon v Air New Zealand [1984] AC 808 referred to Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 referred to Minister for Immigration & Multicultural Affairs v Respondents S152/2003 (2004) 205 ALR 487; [2004] HCA 18 cited Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to Minister for Immigration and Multicultural Affairs v Ibrahim (2000) 204 CLR 1 cited Minister for Immigration and Multicultural and Indigenous Affairs v Kord (2002) 125 FCR 68 cited Stead v State Government Insurance Commission (1986) 161 CLR 141 cited APPLICANT P40/2003 v REFUGEE REVIEW TRIBUNAL and MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS and COMMONWEALTH OF AUSTRALIA W 191 of 2004 MARSHALL, MANSFIELD & SIOPIS JJ 8 JUNE 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 191 OF 2004

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

BETWEEN: APPLICANT P40/2003

APPELLANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS