NAIH of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1010

FEDERAL COURT OF AUSTRALIA

NAIH of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1010

MIGRATION – application to review a decision of the Refugee Review Tribunal –meaning of "information" in s 424A of the Migration Act 1958 (Cth) – whether an impression created by material provided to the Department is "information" for the purposes of s 424A – whether a decision of the Tribunal is invalidated if s 424A is not complied with – whether the decision would have been different if s 424A had been complied with

Migration Act 1958 (Cth) ss 418, 424A, 474 Judiciary Act 1903 (Cth) s 39B

Minister for Immigration & Multicultural Affairs v Al Shamry [2001] FCA 919 cited Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 referred to Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30 cited Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57, 204 CLR 82 cited Stead v State Government Insurance Commission (1986) 161 CLR 141 cited NAIH OF 2002 AND NAII OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 438 OF 2002 BRANSON J 15 AUGUST 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 438 OF 2002

BETWEEN: NAIH OF 2002

FIRST APPLICANT

NAII OF 2002

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 15 AUGUST 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants pay the costs of the respondent.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 438 OF 2002

BETWEEN: NAIH OF 2002

FIRST APPLICANT

NAII OF 2002

SECOND APPLICANT