NAEB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 719

FEDERAL COURT OF AUSTRALIA

NAEB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 719 MIGRATION – procedural fairness - whether the Refugee Review Tribunal's findings were open to it – whether Refugee Review Tribunal required to assist applicant to make out their case or claim - whether the Refugee Review Tribunal put fairly to the applicant matters adverse to him - whether the approach or conclusion of the Refugee Review Tribunal was arbitrary, irrational or unreasonable. Evidence Act 1995 (Cth) Kioa v West (1985) 159 CLR 550 referred to Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57referred to VAAC v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 74 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied Muin v Refugee Review Tribunal (2002) 76 ALJR 966 referred to SBBA v Minister for Immigration & Multicultural and Indigenous Affairs [2003] FCAFC 90 referred to Minister for Immigration & Multicultural Affairs v Islam [2001] FCA 1681 referred to Parra v Minister for Immigration & Multicultural Affairs [2000] FCA 85 referred to Attorney-General for the State of New South Wales v Quin (1990) 170 CLR 1 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred to Minister for Immigration and Multicultural Affairs v Rajamanikkam (2002) 76 ALJR 1048 referred to NAEB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1198 of 2002 JACOBSON J 11 JULY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1198 of 2002

BETWEEN: NAEB

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS