VHAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 448

FEDERAL COURT OF AUSTRALIA

VHAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 448

MIGRATION – refugees – application for protection visa – fear of persecution – whether tribunal failed to take into account statements made by applicant – natural justice – country information – whether country information should be disclosed – whether breach of procedural requirements of Migration Act 1958 (Cth) in failure of obligation to give applicant particulars of any information which would be a reason for affirming decision under review – whether 424A(3) applies to country information – exceptions

Migration Act 1958 (Cth) ss 424A(1), 424A(3) Freedman v Petty and Greyhound Racing Control Board [1981] VR 1001 applied Gamaethige v Minister for Immigration and Multicultural Affairs (2001) 183 ALR 59 cited National Companies and Securities Commission v News Corporation Ltd (1984) 156 CLR 296 cited R v London Borough of Camden; Ex Parte Paddock [1995] COD 130 considered R v Secretary of State for the Home Department; Ex parte Akdogan [1995] Imm AR 176 cited R v Secretary of State for the Home Department; Ex parte Sittampalam Thirukumar [1989] Imm AR 402 cited Re D (Minors) (Adoption Reports: Confidentiality) [1996] AC 593 considered Re Minister for Immigration and Multicultural Affairs; Ex Parte 'A' (2001) 185 ALR 489 considered Re Refugee Review Tribunal; Ex Parte Aala (2000) 204 CLR 82 applied Stead v State Government Insurance Commission (1986) 161 CLR 141 applied M Fordham, Judicial Review Handbook, 3rd edn, Oxford, Portland Oregon, 2001 VHAP of 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V660 of 2002 FINKELSTEIN J 16 MAY 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V660 of 2002

BETWEEN: VHAP of 2002