Paul v Minister for Immigration and Multicultural Affairs [2001] FCA 1196

FEDERAL COURT OF AUSTRALIA

Paul v Minister for Immigration and Multicultural Affairs [2001] FCA 1196

MIGRATION - appeal from review of a decision of Refugee Review Tribunal affirming a decision of a delegate of the Minister not to grant a protection visa – scheme of procedures for the giving of information by Tribunal and of invitation by Tribunal to give information under ss 424A, 424B and 441A of Migration Act 1958 – operation of scheme – purpose and construction of s 424A – whether information was 'the reason or part of the reason for affirming the decision' – degree of assistance and application of s 430 of Act as to relevant 'reason' – distinction in circumstances between reason for preferring certain witnesses and evidence and reason for finding central factual matter – whether matters should have been specifically identified to claimant and relevance made clear – where claimant alleged that not given particulars of relevant information and that relevance of that information was not conveyed – no inconsistency between s 424A and s 441A – failure to observe procedures s 424A established – where independent basis for Tribunal decision not affected by procedural error – Tribunal decision affirmed under s 481(1) of Act notwithstanding existence of ground of review made out – not established that failure to take into account relevant considerations – Yusuf discussed. Migration Act 1958 (Cth) ss 424A, 424B, 441A, 481(1) Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 discussed Minister for Aboriginal Affairs v Peko Wallsend Ltd (1986) 162 CLR 24 referred to Minister for Immigration and Multicultural Affairs v X [2001] FCA 858 referred to Minister for Immigration and Multicultural Affairs v Tedella [2001] FCA 832 referred to Khan v Minister for Immigration and Multicultural Affairs [2001] FCA 736 referred to Chhour v Minister for Immigration and Multicultural Affairs [2001] FCA 911 referred to Iyer v Minister for Immigration and Multicultural Affairs [2001] FCA 929 referred to Thirukkumar v Minister for Immigration and Multicultural Affairs [2001] FCA 864 referred to Minister for Immigration and Multicultural Affairs v Al Shamry [2001] FCA 919 discussed; not followed in part Carlos v Minister for Immigration and Multicultural Affairs [2001] FCA 301 discussed; disapproved in part Naing v Minister for Immigration and Multicultural Affairs (2000) 97 FCR 336 discussed; disapproved in part Nader v Minister for Immigration and Multicultural Affairs (2000) 175 ALR 548 discussed; disapproved in part Tin v Minister for Immigration and Multicultural Affairs [2000] FCA 1109 approved Ahmed v Minister for Immigration and Multicultural Affairs [1999] FCA 811 referred to Addo v Minister for Immigration and Multicultural Affairs [1999] FCA 940 referred to Sivaran v Minister for Immigration and Multicultural Affairs [1999] FCA 1740 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 referred to Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 160 ALR 24 referred to Logenthiran v Minister for Immigration and Multicultural Affairs [1998] FCA 1691 referred to Thevendram v Minister for Immigration and Multicultural Affairs [1999] FCA 182 referred to Project Blue Sky v ABA (1998) 194 CLR 355 referred to ESTHER CHRISTOBELLE NESAMALAR PAUL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 374 of 2001 HEEREY, EMMETT and ALLSOP JJ 29 AUGUST 2001 SYDNEY