VDAU v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 363

FEDERAL COURT OF AUSTRALIA

VDAU v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 363 MIGRATION – application for protection visa – applicant claimed "one-child" policy of Chinese Government amounted to persecution for Convention reason – whether Tribunal's reasons for refusing application disclosed jurisdictional error – whether Tribunal failed to afford applicant procedural fairness – s 424A(1) of the Migration Act 1958 (Cth) – applicant given particulars of information which were part of reason for affirming decision under review – applicant invited to comment on information – particulars and invitation oral and not in writing as required by s 441A – whether relief should be granted in exercise of discretion – whether exception in s 424A(3)(a) engaged – whether information "not specifically about the applicant or another person" – whether information "just about a class of persons of which the applicant or other person is a member"

Migration Act 1958 (Cth) ss 424A, 441A and 474 Migration Legislation Amendment (Procedural Fairness) Act 2002 (Cth) s 422B

NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 193 ALR 449 referred to Plaintiff S157/2002 v The Commonwealth (2003) 195 ALR 24 referred to Minister for Immigration and Multicultural and Indigenous Affairs v WAAG [2003] FCAFC 60 referred to Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 at 301 considered Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Re Refugee Review Tribunal: Ex parte Aala (2000) 204 CLR 82 referred to Re Minister for Immigration and Multicultural Affairs: Ex parte Miah (2001) 206 CLR 57 referred to VAAC v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 74 referred to SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 577 applied Minister for Immigration and Multicultural Affairs v Al Shamry (2001) 110 FCR 27 referred to Applicant in V346 of 2000 v Minister for Immigration and Multicultural Affairs (2001) 111 FCR 536 referred to Islam v Minister for Immigration and Multicultural Affairs [2001] FCA 430 referred to VAAC v Minister for Immigration and Multicultural Affairs [2002] FCA 573 considered Singh v Minister for Immigration and Multicultural Affairs [2001] FCA 857 referred to Baig v Minister for Immigration and Multicultural Affairs [2002] FCA 380 referred to Schwallie v Minister for Immigration and Multicultural Affairs [2001] FCA 471 referred to Pannasara v Minister for Immigration and Multicultural Affairs [2001] FCA 570 referred to Hussein v Minister for Immigration and Multicultural Affairs [2001] FCA 1532 referred to VDAU OF 2002 (AN INFANT) BY HER NEXT FRIEND v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENEOUS AFFAIRS V365 of 2002 WEINBERG J 24 APRIL 2003 MELBOURNE