M87 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 148

FEDERAL COURT OF AUSTRALIA

M87 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 148 MIGRATION – appeal - whether failure to accord procedural fairness – whether in the interests of justice for the appellant to raise a new ground of appeal – no issue of principle H v Minister for Immigration & Multicultural & Indigenous Affairs (2000) 63 ALD 43 VAAC v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 129 FCR 168 Coulton v Holcombe (1986) 162 CLR 1

APPLICANT M87 OF 2002 v the honourable philip ruddock, Minister for Immigration and Multicultural and Indigenous Affairs and the refugee review tribunal V103 OF 2005 SUNDBERG, MARSHALL AND NORTH JJ MELBOURNE 4 AUGUST 2005

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 103 OF 2005

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

BETWEEN: APPLICANT M87 OF 2002

APPELLANT

AND: THE HONOURABLE PHILIP RUDDOCK, MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: Sundberg, Marshall and North JJ

DATE OF ORDER: 5 AUGUST 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The Refugee Review Tribunal is added as second respondent. 2. The appeal is dismissed. 3. The appellant is to pay the first respondent's costs of this appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 103 OF 2005

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

BETWEEN: APPLICANT M87 OF 2002

APPELLANT

AND: THE HONOURABLE PHILIP RUDDOCK, MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS