WAGP v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 103

FEDERAL COURT OF AUSTRALIA

WAGP v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 103 MIGRATION – application for protection visa – whether Tribunal denied procedural fairness to appellant in assessing his credibility – whether Tribunal complied with s 424A of the Migration Act 1958 – whether Tribunal asked the wrong question – whether Secretary's failure to provide documents under s 418(3) can give rise to jurisdictional error by Tribunal HELD – (i) The appellant was not denied procedural fairness; (ii) The Tribunal did comply with s 424A; (iii) The Tribunal did not ask the wrong question; (iv) Failure by the Secretary to provide relevant documents to the Tribunal in accordance with s 418(3) did not amount to jurisdictional error on the part of the Tribunal. Appeal dismissed.

Migration Act 1958 (Cth) Migration Legislation Amendment Act (No 1) 1998 (Cth) Migration Legislation Amendment (Procedural Fairness) Act 2002 (Cth)

Muin v Refugee Review Tribunal (2002) 190 ALR 601 followed Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72; (2005) 80 ALJR 228 cited SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 2 referred to, distinguished in part Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 followed Applicants S487/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1309 approved S487 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 125 referred to Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476

WAGP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL No WAD 311 of 2005 MOORE, NORTH AND MANSFIELD JJ ADELAIDE (HEARD IN PERTH) 30 JUNE 2006