NAFQ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 473

FEDERAL COURT OF AUSTRALIA

NAFQ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 473 MIGRATION – application for protection visa – Refugee Review Tribunal relied on confidential documents – Refugee Review Tribunal exercised discretion under subs 438(3) of the Migration Act 1958 (Cth) not to disclose confidential documents to applicant - Refugee Review Tribunal took into account advice from the Department of Immigration & Multicultural & Indigenous Affairs in making decision not to disclose documents – whether the advice from the Department was disclosable to applicant – whether non-disclosure of Departmental advice amounts to a breach of procedural fairness – where access to documents denied – where request for Departmental advice made. PRACTICE & PROCEDURE – subpoena seeking production of documents – documents provided in confidence from China –where documents not directly relevant to any issue sought to be raised in proceeding – where asserted that relevance can only be determined once access is gained – where no apparent connection between case and documents demonstrated. Migration Act 1958 (Cth), s 438

NAAO v Secretary, Department of Immigration & Multicultural Affairs (2002) 117 FCR 401 referred to Attorney-General for NSW v Stuart (1994) 34 NSWLR 667 referred to Young v Quin (1985) 4 FCR 483 referred to Woodroffe v National Crime Authority (1999) 168 ALR 585 referred to Minister for Immigration & Multicultural & Indigenous Affairs v Wong [2002] FCAFC 327 cited Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 considered Re Minister for Immigration & Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 discussed Re Minister for Immigration & Multicultural Affairs; ex parte Lam (2003) 195 ALR 502 discussed Kioa v West (1985) 159 CLR 550 cited Chu v Minister for Immigration, Local Government & Ethnic Affairs (1993) 45 FCR 540 cited Percerep v Minister for Immigration & Multicultural Affairs (1998) 86 FCR 483 discussed Re Association of Architects of Australia; Ex parte Municipal Officers Association of Australia (1989) 63 ALJR 298 cited Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507 cited Linett v McIntyre (2002) 117 FCR 189 cited VBAC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 205 not followed VAAC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 74 discussed Bax v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 55 cited NAFQ v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 1329 of 2002 MOORE J SYDNEY 16 MAY 2003