Tran v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 44

FEDERAL COURT OF AUSTRALIA

Tran v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 44 MIGRATION – Migration Review Tribunal – Partner visa – witnesses present when applicant gave evidence – whether Migration Review Tribunal could reject witnesses' evidence without warning – fairness of proceeding – whether person suffering schizophrenia can be "in a married relationship"

Migration Act 1958 (Cth) Migration Regulations 1994 (Cth) reg 1.15A, Sch 2 cl 100.221 Fairmont Investments Ltd v Secretary of State for the Environment [1976] 1 WLR 1225 referred to Moore v Lambeth County Court Registrar [1969] 1 WLR 141 referred to O'Toole v Charles David Pty Ltd (1991) 171 CLR 232 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 cited R v Norfolk County Council Social Services Department; Ex parte M [1989] QB 619 cited R v Thompson (1966) 110 Solicitors' Journal 788 referred to Wiseman v Borneman [1971] AC 297 referred to THI HUYNH NGA TRAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 149 of 2002 FINKELSTEIN J 7 FEBRUARY 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 149 of 2002

BETWEEN: THI HUYNH NGA TRAN

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

JUDGE: FINKELSTEIN J

DATE OF ORDER: 7 FEBRUARY 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The decision of the Migration Review Tribunal be set aside. 2. The matter be remitted to the Migration Review Tribunal differently constituted to be heard and determined according to law. 3. The respondent pay the applicant's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.