Akpata, Stephen Ogho & Ors v Minister for Immigration & Multicultural Affairs [1998] FCA 1473

FEDERAL COURT OF AUSTRALIA IMMIGRATION – Refugee Review Tribunal findings based on material not put to applicant – failure to comply with procedures required by Migration Act 1958 (Cth) – whether matter should be remitted for rehearing – whether any relief would be futile. ADMINISTRATIVE LAW – procedural fairness – whether futile to remit matter for reconsideration. Migration Act 1958 (Cth), ss 36, 420, 476(1)(a) and 481 Migration Regulations, regs 866.112, 866.211(b) and 866.222 Administrative Decisions (Judicial Review) Act 1976 (Cth), s 521

Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300, considered Kioa v West (1985) 159 CLR 550, followed Gilson v Minister for Immigration and Multicultural Affairs (Federal Court, 21 July 1997, unreported), considered Minister for Immigration, Local Government and Ethnic Affairs v Kurtovic (1990) 92 ALR 93, considered Singh v Minister for Immigration and Multicultural Affairs (Federal Court, 29 October 1998, unreported), approved Lek v Minister for Immigration, Local Government and Ethnic Affairs (1993) 43 FCR 100, considered Rahim v Minister for Immigration and Ethnic Affairs (1997) 78 FCR 223, considered Kumaraperu v Minister for Immigration and Multicultural Affairs (Federal Court, Weinberg J, 22 October 1998, unreported), considered Nguyen Thanh Trong v Minister for Immigration, Local Government and Ethnic Affairs (1996) 45 ALD 507, applied Stead v State Government Insurance Commission (1986) 161 CLR 141, considered Jaswal v Minister for Immigration and Multicultural Affairs (Federal Court, Tamberlin J, 24 September 1998, unreported), considered

STEPHEN OGHO AKPATA, FORTRESS AKPATA, PRECIOUS AKPATA, and TREASURE JEMIMA AKPATA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS SG 60 of 1998

MANSFIELD J ADELAIDE 20 NOVEMBER 1998