Applicant A168/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 860

FEDERAL COURT OF AUSTRALIA

Applicant A168/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 860 MIGRATION – application under s 39B Judiciary Act 1903 (Cth) – reliance in Tribunal's reasons upon an event which post-dated hearing – information used had adverse impact on applicant – no opportunity for applicant to comment on matter or to make submissions as to its significance for applicant's case. Judiciary Act 1903 (Cth), s 39B Applicant A74/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 696 referred to Applicant A56/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 715 referred to Applicant A134 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 717 referred to Muin v Refugee Review Tribunal (2002) 190 ALR 601 cited Kioa v West (1985) 159 CLR 550 followed David v Minister for Immigration and Ethnic Affairs [1995] FCA 807 distinguished APPLICANT A168/2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS, ADOLFO GENTILE MEMBER REFUGEE REVIEW TRIBUNAL, PRINCIPAL MEMBER REFUGEE REVIEW TRIBUNAL S147 of 2003 FINN J 21 AUGUST 2003 CANBERRA (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S147 OF 2003

BETWEEN: APPLICANT A168/2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

ADOLFO GENTILE, MEMBER REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: FINN J

DATE OF ORDER: 21 AUGUST 2003

WHERE MADE: CANBERRA (HEARD IN ADELAIDE)

THE COURT ORDERS THAT: 1. A writ of prohibition be directed to the first respondent prohibiting him from further proceeding upon the decision of the second respondent. 2. A writ of certiorari be directed to the second respondent quashing the decision. 3. A writ of mandamus be directed to the third respondent to have the Refugee Review Tribunal rehear and redetermine the application. 4. The first respondent pay the applicant's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.