WAIA of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 868

FEDERAL COURT OF AUSTRALIA

WAIA of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs

[2003] FCA 868

MIGRATION – protection visa – appeal from Federal Magistrates Court dismissing application for review of decision of Refugee Review Tribunal – after conclusion of hearing before it, Tribunal obtained and relied upon two country reports concerning major events in Afghanistan which had occurred since the hearing – Tribunal did not put the substance of that information to the appellant and afford him an opportunity to make submissions – whether procedural unfairness amounting to jurisdictional error – whether relevant part of Tribunal's reasoning sufficiently discrete to be unaffected by procedural unfairness – whether breach could have affected outcome – discretionary grounds for refusing relief not established – Magistrate applied the Hickman principles – subsequent decision of High Court in Plaintiff S157/2002 v Commonwealth of Australia – appeal allowed and matter remitted to Tribunal. Migration Act 1958 (Cth), s 474 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 followed Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 referred to Muin v Refugee Review Tribunal (2002) 190 ALR 601 referred to NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 referred to Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 followed WAIA OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W351 of 2002 CARR J 20 AUGUST 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W351 OF 2002

BETWEEN: WAIA OF 2002

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent