Applicant M164/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 16

FEDERAL COURT OF AUSTRALIA

Applicant M164/2002 v Minister for Immigration & Multicultural

& Indigenous Affairs [2006] FCAFC 16

MIGRATION – protection visa – appeal from Federal Magistrates Court order dismissing application for constitutional writs to quash decision of Refuge Review Tribunal – whether inquisitorial function of Tribunal duly performed – whether Tribunal failed to provide procedural fairness to appellant – whether "jurisdictional error" in Tribunal's decision.

Migration Act 1958 (Cth), ss 5, 36(2), 65, 420, 422B, 424, 424A, 425, 427(1)(d), 430, 474, 476, Migration Legislation Amendment Act (No 6) (2001) (Cth), s 91R Migration Legislation Amendment (Procedural Fairness) Act (2002) (Cth) Item 7 of Schedule 1 Abebe v Commonwealth (1999) 197 CLR 510 followed Applicant VEAL v Minister for Immigration and Multicultural Affairs [2005] HCA 72 followed Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 followed C v Minister for Immigration and Multicultural Affairs (1999) 94 FCR 366 referred to Canada (Attorney-General) v Ward (1993) 103 DLR (4th) 1 Canada (Director of Investigation and Research) v Southam Inc [1997] 1 SCR 748 referred to Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 followed Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135 followed Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs (2001) 109 FCR 397 followed Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 197 ALR 389 followed Hill v Green (1999) 48 NSWLR 161 referred to Karanakaran v Secretary of State for the Home Department [2000] 3 All ER 449 cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 followed Minister for Immigration and Multicultural and Indigenous Affairs v Singh (2002) 209 CLR 533 followed Minister for Immigration and Multicultural and Indigenous Affairs v Singh (1997) 74 FCR 553 referred to Minister for Immigration and Multicultural Affairs v Y [1998] FCA 515 referred to R v Higher Education Funding Council; Ex parte Institute of Dental Surgery [1994] 1 WLR 242 referred to Ranwalage v Minister for Immigration and Multicultural Affairs (1998) 90 FCR 173 followed Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 followed Re Minister for Immigration and Multicultural Affairs; Ex parte Epeabaka (2001) 206 CLR 128 referred to Reg (Dirshe) v Home Secretary (2005) 1 WLR 2685 referred to SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 discussed Saliba v Minister for Immigration and Multicultural Affairs (1998) 89 FCR 38 referred to V v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 355 referred to W68/01A v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 148) referred to W148/00A v Minister for Immigration & Multicultural Affairs (2002) 185 ALR 703 referred to WALS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1642 referred to Professor Goodwin-Gill ("The Refugee in International Law" Oxford (2nd Edn)