VWFW v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 29

FEDERAL COURT OF AUSTRALIA

VWFW v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 29

MIGRATION – visa – protection visa – whether Refugee Review Tribunal obliged to rely on most recent country information – whether tribunal ignored most recent information and relied only on earlier information less favourable to applicant.

Migration Act 1958 (Cth) ss 36, 424A QAAT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 968 cited NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 cited VQAB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 104 cited Minister for Aboriginal Affairs and Another v Peko-Wallsend Ltd and Others (1986) 162 CLR 24 cited VWFW v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL VID 685 of 2005 GRAY, KIEFEL AND LANDER JJ 16 MARCH 2006 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 685 OF 2005

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

BETWEEN: VWFW

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT JUDGES: GRAY, KIEFEL AND LANDER JJ

DATE OF ORDER: 16 MARCH 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Ms Margaret Holmes (in her capacity as a member of the Refugee Review Tribunal) cease to be a party to the proceeding. 2. Mr Steve Karas (in his capacity as principal member of the Refugee Review Tribunal) cease to be a party to the proceeding. 3. The Refugee Review Tribunal be joined as the second respondent to the proceeding and the title to the proceeding be amended so that the name of the second respondent is 'Refugee Review Tribunal'. 4. Leave be granted to the first respondent to amend the title of the proceeding in the notice of appeal: (a) to describe the first respondent by her correct title, Minister for Immigration and Multicultural and Indigenous Affairs; (b) to delete any reference to Ms Margaret Holmes as second respondent; (c) to include the Refugee Review Tribunal as second respondent. 5. The appeal be dismissed.