VBAM of 2002 v Minister for Immigration & Multicultural Affairs [2003] FCA 504

FEDERAL COURT OF AUSTRALIA

VBAM of 2002 v Minister for Immigration & Multicultural Affairs [2003] FCA 504

MIGRATION – protection visa – Chilean alleging threats for the reason of political opinion – whether Refugee Review Tribunal denied applicant natural justice – finding that source of information of three witnesses who gave evidence on applicant's behalf was applicant – whether obligation to notify of proposal to make finding or to ask witnesses what was the source of their information – whether tribunal erred in rejecting evidence of witnesses because of inconsistencies between evidence of applicant and his wife – whether tribunal erred in giving less weight to letter from party official because it was of recent date and obviously solicited for the purposes of the case – whether tribunal misdirected itself on issue of state protection

Migration Act 1958 (Cth) ss 420(2)(a), 424A NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 referred to Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Applicants S134/2002 [2003] HCA 1 (2003) 195 ALR 1 referred to Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 (2003) 195 ALR 24 referred to Re Minister for Immigration & Multicultural Affairs; Ex parte Miah [2001] HCA 22 (2001) 206 CLR 57 at [31], [194] applied Broussard v Minister for Immigration & Ethnic Affairs (1989) 21 FCR 472 at 481 followed Abebe v Commonwealth of Australia [1999] HCA 14 (1999) 197 CLR 510 at [187] referred to Re Minister for Immigration & Multicultural Affairs; Ex parte Lam [2003] HCA 6 (2003) 77 ALJR 699 referred to W412/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 432 distinguished W360/01A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 211 distinguished APPLICANT VBAM OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 105 of 2002 GRAY J 22 MAY 2003 MELBOURNE