VEAJ of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 678

FEDERAL COURT OF AUSTRALIA

VEAJ of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 678 MIGRATION – visa – protection visa – Indonesian citizen – Christian and ethnic Chinese – applicant did not attend Tribunal hearing – Tribunal relied on "independent information" – did not provide particulars to applicant – whether denial of procedural fairness or failure to perform Tribunal's statutory obligations – content of Tribunal's statutory obligation to provide particulars of any information the Tribunal considers would be the reason, or part of the reason, for affirming decision under review – whether information just about a class of persons of which applicant a member – whether decision based on reasoning other than that relying on "independent information" WORDS AND PHRASES – "just about a class of persons of which the applicant or other person is a member" Migration Act 1958 (Cth) s 424A Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Applicants S134/2002 [2003] HCA 1 (2003) 195 ALR 1, applied Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 (2003) 195 ALR 24, applied Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57 (2000) 204 CLR 82, applied Muin v Refugee Review Tribunal [2002] HCA 30 (2002) 190 ALR 601, applied Minister for Immigration & Multicultural Affairs v Al Shamry [2001] FCA 919 (2001) 110 FCR 27, discussed Minister for Immigration & Multicultural & Indigenous Affairs v Awan [2003] FCAFC 140, referred to Re Minister for Immigration & Multicultural Affairs; Ex parte Lam [2003] HCA 6 (2003) 195 ALR 502, referred to Kioa v West (1985) 159 CLR 550, cited Stead v State Government Insurance Commission (1986) 161 CLR 141, applied APPLICANT VEAJ OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 399 of 2002