VGAN v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 391

FEDERAL COURT OF AUSTRALIA

VGAN v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 391

MIGRATION - application for protection visa – whether Tribunal's finding that applicant an Ethiopian national disclosed jurisdictional error – whether Tribunal's findings regarding applicant's children inconsistent with country information – applicant provided Tribunal with document in support of her application – Tribunal found document to be "contrived" but did not afford applicant opportunity to comment upon that finding – whether Tribunal failed to afford applicant procedural fairness – s 424A(1) of the Migration Act 1958 (Cth) – s 424A(3)(b) engaged – common law requirements of procedural fairness – relevance of fact that Tribunal did not mislead applicant – discretionary considerations

Migration Act 1958 (Cth) s 420, 424A(1), (3), 474 Migration Legislation Amendment (Procedural Fairness) Act 2002 (Cth) s 422B

Re Refugee Tribunal and Another; 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 considered Muin v Refugee Review Tribunal (2002) 190 ALR 601 referred to APPLICANT VGAN OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V548 of 2002 WEINBERG J 2 MAY 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V548 OF 2002

BETWEEN: APPLICANT VGAN OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 2 MAY 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.