NAQZ of 2002 v Minister for Immigration & Multicultural &Indigenous Affairs; NAQY of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 898

FEDERAL COURT OF AUSTRALIA

NAQZ of 2002 v Minister for Immigration & Multicultural &Indigenous Affairs; NAQY of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 898 MIGRATION – appeal from decision of the Federal Magistrate which affirmed a decision of the Refugee Review Tribunal approving a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs to refuse to the appellants a grant of a protection visa – whether the Refugee Review Tribunal denied the appellants natural justice when it did not put to them that it suspected documents critical to their main claim where forged – whether the Refugee Review Tribunal denied the appellants natural justice when it did not provide them with an opportunity to comment on adverse country information – whether the Tribunal committed a jurisdictional error when it did not take into account the decision of another Refugee Review Tribunal made in regard to differing claims made by one of the appellants. Migration Act 1958 (Cth) s 424A, s 474 Lobo v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 168 - applied Muin v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 190 ALR 601 – distinguished Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 77 ALJR 699 – discussed SBBG v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 121 - applied SDAV v Minister for Immigration & Multicultural & Indigenous Affairs, Minister for Immigration & Multicultural & Indigenous Affairs v SBBK [2003] FCAFC 129 - applied Stead v State Government Insurance Commission (1986) 161 CLR 141 – applied WAAJ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 409 – not followed WACO v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 171 – applied WAEJ v Minister for Immigration & Indigenous Affairs [2003] FCAFC 161 – applied NAQZ OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1423 OF 2002 NAQY OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1424 OF 2002 HILL J 27 AUGUST 2003 SYDNEY