WAID v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 220

FEDERAL COURT OF AUSTRALIA

WAID v Minister for Immigration & Multicultural & Indigenous Affairs

[2003] FCA 220

MIGRATION – judicial review – protection visa – Tribunal hearing – request for adjournment - claim of psychiatric illness – whether Tribunal erred in refusing adjournment – well-founded fear of persecution – religious opinions – recent conversion of applicant to Christianity – whether obligation to proselytise – whether exposure to risk of persecution if returned to Vietnam – findings of fact by Tribunal – no jurisdictional error – natural justice – country information – reliance by Tribunal on country information not referred to applicant for comment – no contravention of s 424A – whether exhaustive of procedural fairness in relation to right to be heard – operation of s 422B – Migration Legislation Amendment (Procedural Fairness) Act 2002.

Migration Act 1958 (Cth) s 424, s 424A, s 425, s 422B, s 474

Migration Legislation Amendment (Procedural Fairness) Act 2002

Wang v Minister for Immigration and Multicultural Affairs [2000] FCA 1599 cited

Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 cited

Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 195 ALR 1 cited

Re Minister for Immigration & Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 cited

Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 187 ALR 117 cited

Minister for Immigration & Multicultural Affairs v Capitly [1999] FCA 193 cited

Qadir v Minister for Immigration & Multicultural Affairs [1999] FCA 620 cited

WAAJ v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 409 cited

WAID v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

W308 OF 2002

FRENCH J

19 MARCH 2003

PERTH

IN THE FEDERAL COURT OF AUSTRALIA