NAAT v Minister for Immigration & Multicultural Affairs [2002] FCA 332

FEDERAL COURT OF AUSTRALIA

NAAT v Minister for Immigration & Multicultural Affairs [2002] FCA 332 MIGRATION – Phillipino citizen claims to fear persecution by reason of her views concerning unions – whether the RRT addressed the correct issue – whether the RRT was bound to ask the applicant further questions – whether the RRT denied the applicant procedural fairness by failing to warn her that her answers did not seem to make out her case. Constitution, s 75(v) Convention relating to the Status of Refugees, art 1A(2) Judiciary Act, s 39B Migration Act 1958 (Cth) ss 414, 420(2)(b), 474 Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598, cited. Walton v Ruddock [2001] FCA 1839, cited. Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 179 ALR 238, cited. Re Refugee Review Tribunal; Ex parte HB (2001) 179 ALR 513, cited. Wang v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 167, cited. Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 82, cited. Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321, cited. Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 84 FCR 411, cited. Powley v Crimes Compensation Tribunal (1996) 11 VAR 146, cited. Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220, followed. Saliba v Minister for Immigration and Ethnic Affairs (1998) 89 FCR 38, distinguished. Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28, distinguished. Minister for Immigration and Multicultural Affairs v Sarrazola (No 2) (2001) 107 FCR 184, cited. Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802, distinguished. Luu v Renevier (1989) 91 ALR 39, distinguished. Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155, distinguished. Kola v Minister for Immigration and Multicultural Affairs [2002] FCA 265, cited. Abebe v The Commonwealth (1999) 197 CLR 510, cited. NAAX v Minister for Immigration & Multicultural Affairs [2002] FCA 263, cited. NAAT v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1454 of 2001 SACKVILLE J SYDNEY 27 MARCH 2002