VAAC v Minister for Immigration & Multicultural Affairs [2002] FCA 573

FEDERAL COURT OF AUSTRALIA

VAAC v Minister for Immigration & Multicultural Affairs [2002] FCA 573 MIGRATION – appeal from decision of Refugee Review Tribunal – s 424A of the Migration Act 1958 (Cth) - whether the RRT erred in failing to provide the applicant with information in the manner required by s 424A where such information formed the reason or part of the reason for affirming the delegate's decision – whether the relevant information was not specifically about the applicant or another person and was just about a class of persons of which the applicant or another person is a member – whether s 424A is limited to information available since last communication between the RRT and applicant – whether appropriate to consider s 424A issue prior to examining effect of s 474 of the Act

Judiciary Act 1903 (Cth) s39B

Migration Act 1958 (Cth) ss 424A, 474, 475A

Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 179 ALR 238, [2001] HCA 22, referred to NAAX v Minister for Immigration & Multicultural Affairs [2002] FCA 263, considered Paul v Minister for Immigration & Multicultural Affairs [2001] FCA 1196, referred to Minister for Immigration & Multicultural Affairs v Al Shamry [2001] FCA 919, referred to Applicant in V346 of 2000 v Minister for Immigration & Multicultural Affairs [2001] FCA 1179, referred to Islam v Minister for Immigration & Multicultural Affairs [2001] FCA 430, referred to Singh v Minister for Immigration & Multicultural Affairs [2001] FCA 857, referred to Baig v Minister for Immigration & Multicultural Affairs [2002] FCA 380, distinguished Al Saqaf v Minister for Immigration & Multicultural Affairs [2002] FCA 6, referred to Royal Botanic Gardens and Domain Trust v South Sydney City Council (2002) 186 ALR 289, cited Turcan v Minister for Immigration & Multicultural Affairs [2002] FCA 397, considered NABC v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 539, referred to