Baroi, Manik & Anor v Minister for Immigration & Multicultural Affairs [1998] FCA 991

FEDERAL COURT OF AUSTRALIA MIGRATION – application for review of decision by Refugee Review Tribunal – whether Refugee Review Tribunal failed to accord procedural fairness to the applicants – Member questioned first applicant about similarities between his statutory declaration and claims made in a statutory declaration in unrelated, successful proceedings – whether necessary to provide a copy of the other declaration – whether adjournment required.

Convention relating to the Status of Refugees.

Federal Court Rules, O 43, r 1, r 2. Migration Act 1958 (Cth), ss 420, 427, 431, 439, 476. 481. Ansell v Wells (1982) 43 ALR 41 (FCA/FC), discussed and distinguished. Barnes v Oliver (1970) 16 FLR 366 (Cth Ind Ct/FC), cited. Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300 (FC), followed. Fares Rural Meat and Livestock Co Pty Ltd v Australian Meat and Live-stock Corporation (1990) 96 ALR 153 (FCA/Gummow J), cited. Kioa v West (1985) 159 CLR 550, cited. Mair v Bartholomew (1992) 108 ALR 182 (FCA/Davies J), distinguished. Moore v Guardianship and Administration Board [1990] VR 902 (Gobbo J), distinguished. Somaghi v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 100 (FC), cited. Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505 (FCA/FC), followed.

MANIK BAROI & ANOR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 1099 OF 1997 SACKVILLE J SYDNEY 21 AUGUST 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1099 of 1997

BETWEEN: MANIK BAROI

First Applicant

PAMELA BAROI

Second Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: SACKVILLE J

DATE OF ORDER: 21 AUGUST 1998