Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nader v Minister for Immigration & Multicultural Affairs [2000] FCA 908
MIGRATION – refugees – incomplete application for protection visa lodged referring to statement to be later forthcoming – statement in fact supplied before application refused – whether invalidity of application when lodged cured by subsequent provision of information. MIGRATION – refugees – failure to comply with procedures – whether Refugee Review Tribunal failed to provide particulars of anonymous and prejudicial allegation – whether failure constituted a ground of review. ADMINISTRATIVE LAW – tribunals – Refugee Review Tribunal – whether tribunal not constituted by a member properly appointed in accordance with s 421 of the Migration Act 1958 (Cth) – whether nomination of member made in writing – if written nomination made, whether made by Principal Member of the Refugee Review Tribunal.
Migration Act 1958 (Cth) ss 421, 424A, 476(1)(a), 476(1)(b), 476(1)(c)
Herijanto v Refugee Review Tribunal (2000) 170 ALR 379 referred to Velitchko v Minister for Immigration and Multicultural Affairs [2000] FCA 12 referred to Li Wen Han v Minister for Immigration and Multicultural Affairs [2000] FCA 421 distinguished Wu v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 245 discussed Onea v Minister for Immigration and Multicultural Affairs (1997) 80 FCR 254 referred to Minister for Immigration and Multicultural Affairs v Hayman (1999) 90 FCR 120 referred to Minister for Immigration and Multicultural Affairs v "A" (1999) 91 FCR 435 discussed Phanouvong v Minister for Immigration and Multicultural Affairs [1999] FCA 1489 discussed Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd (1979) 2 ALD referred to Naing v Minister for Immigration and Multicultural Affairs [2000] FCA 344 cited Kundu v Minister for Immigration and Multicultural Affairs [2000] FCA 560 discussed Nie v Minister for Immigration and Multicultural Affairs [2000] FCA 347 discussed
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