Applicant VEAL of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 437

FEDERAL COURT OF AUSTRALIA

Applicant VEAL of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 437

MIGRATION – application for protection visa – Refugee Review Tribunal disavowed reliance on "dob-in letter" – whether letter contained "non-disclosable information" – whether the "dob-in letter" contained confidential information – whether the Tribunal failed to accord procedural fairness to the applicant by determining the application without disclosing to the applicant the information contained in the letter – whether a failure to disclose information that is not required to be disclosed under s 424A, or is prohibited from being published or disclosed under s 440, can constitute a failure to accord procedural fairness

Migration Act 1958 (Cth) ss 5, 424A, 438 and 440

Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 – applied NAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 76 – cited Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 – cited Re Minister for Immigration and Multicultural Affairs; Ex Parte Miah (2001) 206 CLR 57 – cited VAAC v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 74 – applied Kioa v West (1985) 159 CLR 550 – considered Youssef v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 550 – cited Roderick v Australian and Overseas Telecommunications Corporation Ltd (1992) 39 FCR 134 – cited NIB Health Funds Ltd v Private Health Insurance Administration Council (2002) 115 FCR 561 – applied Chu v Minister for Immigration and Ethnic Affairs (1997) 78 FCR 314 – cited Pilbara Aboriginal Land Council Aboriginal Corporation Inc v Minister for Aboriginal & Torres Strait Islander Affairs (2000) 103 FCR 539 – considered R v Gaming Board for Great Britain; Ex parte Benaim and Khaida [1970] 2 QB 417 – applied Minister for Immigration, Local Government and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 – cited Chu Sing Wun v Minister for Immigration, Local Government and Ethnic Affairs (1993) 45 FCR 540 – cited Gilson v Minister for Immigration and Multicultural Affairs (unreported, Federal Court of Australia, Lehane J, BC9703148, 21 July 1997) – considered WAFG v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 93 – cited Li v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1527 – cited Whiting & Byrne v Collector of Customs (Vic) (1987) 14 FCR 434 – cited Boucher v Australian Securities Commission (1996) 71 FCR 122 – cited Corrs Pavey Whiting & Byrne v Collector of Customs (Vic) (1987) 14 FCR 434 – cited Livesey v New South Wales Bar Association (1983) 151 CLR 288 – cited Johns v Australian Securities Commission (1993) 178 CLR 408 – cited Re Pochi and Minister for Immigration and Ethnic Affairs (1979) 2 ALD 33 – cited Dart Industries Inc v David Bryar and Associates Pty Ltd (1997) 38 IPR 389 – cited Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26 – cited APPLICANT VEAL OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 405 OF 2002 MERKEL J 9 MAY 2003 MELBOURNE