SCAN v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 168

FEDERAL COURT OF AUSTRALIA

SCAN v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 168 MIGRATION – appeal from Federal Magistrates Court – whether there was a failure by Refugee Review Tribunal to extend procedural fairness to a visa applicant – adverse credibility finding – finding that a document produced by the visa applicant was fabricated – whether letter from Refugee Review Tribunal gave notice to the visa applicant that the genuineness of the document was under question – whether the letter was positively misleading by suggesting otherwise – whether jurisdictional error – whether s 474 of the Migration Act 1958 (Cth) applied. Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 474, 424A NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228; (2002) 193 ALR 449 referred to Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 applied Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 160 ALR 543 cited Re Refugee Review Tribunal; ex parte Aala (2000) 204 CLR 82 cited Re Minister for Immigration and Multicultural Affairs; ex parte Miah (2001) 179 ALR 238 cited Re Minister for Immigration and Multicultural Affairs; ex parte "A" (2001) 185 ALR 489 distinguished Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6 cited SCAN v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S 180 of 2002 von DOUSSA J ADELAIDE 11 MARCH 2003

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 180 OF 2002

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SCAN

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: von DOUSSA J

DATE OF ORDER: 11 MARCH 2003