Minister for Immigration & Multicultural Affairs v Al Shamry [2001] FCA 919

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Al Shamry [2001] FCA 919

MIGRATION – review of a decision to refuse an application for a protection visa – whether s 424A required the Tribunal to afford the applicant an opportunity to deal with information obtained by the Department from the applicant at an airport interview which was inconsistent with later statements by the applicant - whether a failure to afford that opportunity was a breach of the procedures required by the Act to be observed – whether the breach deprived the applicant of the possibility of a successful outcome

Migration Act 1958 (Cth) ss 423, 424, 424A, 427, 429, 430, 430A, 430B, 430D, 476 and 481

Yao-Jing v Minister for Immigration and Multicultural Affairs (1997) 74 FCR 275 – cited Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287 – cited Minister for Immigration and Ethnic Affairs v Singh (1997) 74 FCR 553 – cited Nader v Minister for Immigration and Multicultural Affairs (2000) 101 FCR 352 – cited Carlos v Minister for Immigration and Multicultural Affairs [2001] FCA 301 – cited Minister for Immigration and Multicultural Affairs, Re; Ex parte Miah (2001) 179 ALR 238 - cited Paramanathan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 – cited Nguyen v Minister for Immigration and Multicultural Affairs (1998) 88 FCR 206 - applied Minister for Immigration and Multicultural Affairs v X [2001] FCA 858 - cited Stead v State Government Insurance Commission (1986) 161 CLR 141 – applied Giretti v Commissioner of Taxation (1996) 70 FCR 151 – cited Abriel v Australian Guarantee Corporation [2001] FCA 165 – cited John v Rees (1970) Ch 345 - cited Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274 - cited