NAMJ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 983

FEDERAL COURT OF AUSTRALIA

NAMJ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 983 MIGRATION – application for judicial review – jurisdictional error – applicant claimed to be mentally unfit at time of the Refugee Review Tribunal hearing – the medical condition of the applicant allegedly connected to the applicant's claims of past persecution - Tribunal refused to further postpone hearing and decision and refused to exercise power to require Secretary to arrange for a medical examination of the applicant under s 427(1)(d) of the Migration Act 1958 – whether the Tribunal's approach would cause a reasonable observer to conclude the Tribunal had a closed mind to the applicant's application for review of delegate of the Minister's refusal to grant a protection visa MIGRATION – s 425 of the Migration Act 1958 – invitation to appear before the Tribunal to give evidence and present arguments - whether the Tribunal failed to provide the applicant with a hearing at which he was fit to give evidence – the content of the requirement that an applicant be fit for the purposes of the hearing – issue of fitness one of mixed law and fact – whether the applicant demonstrated his unfitness. Migration Act 1958 (Cth) ss 420, 423, 425, 427(1)(d) Eastman v The Queen 203 CLR 1 discussed Kesavarajah v The Queen (1994) 181 CLR 230 cited Livesey v New South Wales Bar Association (1983) 151 CLR 288 cited Minister for Immigration & Multicultural & Indigenous Affairs v SCAR [2003] FCAFC 126 considered Minister for Immigration and Multicultural Affairs v Jia Legeng 205 CLR 507 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 195 ALR 502 cited Rose v Bridges (1997) 79 FCR 378 cited UNHCR Handbook on Procedures and Criteria for Determining Refugee Status NAMJ v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 404 of 2003 BRANSON J 22 SEPTEMBER 2003 SYDNEY