Carlos v Minister for Immigration & Multicultural Affairs [2001] FCA 301

FEDERAL COURT OF AUSTRALIA

Carlos v Minister for Immigration & Multicultural Affairs [2001] FCA 301 MIGRATION – Migration Review Tribunal – whether Tribunal complied with its statutory duties in respect of its decision making processes – whether immunity of Tribunal protects it from providing information that discloses whether it has complied with its statutory duties in respect of its decision making processes – whether material provided by officers or other members of the Tribunal to a member conducting a review is material of the Tribunal or material produced or given to the Tribunal – whether the discretion to refuse relief should be exercised - whether the procedural breach denied the applicant the possibility of a different outcome Migration Act 1958 (Cth) s 359, 359A, 359B, 362A, 373(1), 424A and 476(1)(a) Administrative Appeals Tribunal Act 1975 (Cth) s 60(1) Migration Regulations 1994 (Cth) subclass 833 Naing v Minister for Immigration and Multicultural Affairs (2000) 97 FCR 336 - cited Nader v Minister for Immigration and Multicultural Affairs (2000) 175 ALR 548 - cited Tin v Minister for Immigration and Multicultural Affairs [2000] FCA 1109 - cited Bhasani v Minister for Immigration and Multicultural Affairs [2000] FCA 1773 - cited Win v Minister for Immigration and Multicultural Affairs [2001] FCA 56 - cited Herijanto v Refugee Review Tribunal (2000) 170 ALR 379 - distinguished Herijanto v Refugee Review Tribunal (No 2) (2000) 170 ALR 575 - distinguished Project Blue Sky Inc. v Australian Broadcasting Authority (1998) 194 CLR 355 – applied Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 127 ALR 699 – cited Elderly Citizens Homes of SA Inc v Workcover Corporation of South Australia [1999] SASC 133 - cited Bushell v Secretary of State for the Environment [1981] AC 75 - cited Regina v Secretary of State for Health, Ex parte United States Tobacco International Inc [1992] 1 QB 353 – cited J.H. Rutter Rex Manufacturing Company, Inc. v National Labor Relations Board (1973) 473 F.2d 223 - cited Wang v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 386 - cited Sankey v Whitlam (1978) 142 CLR 1 - cited Nguyen v Minister for Immigration and Multicultural Affairs (1998) 88 FCR 206 - considered Stead v State Government Insurance Commission (1986) 161 CLR 141 - applied Giretti v Commissioner of Taxation (1996) 70 FCR 151 – applied Abriel v Australian Guarantee Corporation [2001] FCA 165 - cited Morales v Minister for Immigration and Ethnic Affairs (1995) 60 FCR 550 - cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 - cited Santa Sabina College v Minister for Education (1985) 58 ALR 527 – cited Arnott v Repatriation Commission [2001] FCA 262 - cited CARLOS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V772 OF 2000 JUDGE: MERKEL J DATE: 23 MARCH 2001 PLACE: MELBOURNE