Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Applicant S214 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1039
MIGRATION – protection visa –operation of Art 1F of the Refugees Convention –– request for particulars – effect of Administrative Appeals Tribunal Act 1975 (Cth), s 35 – non-disclosure of evidence to applicant or his legal representatives – whether denial of procedural fairness
Judiciary Act 1903 (Cth) ss 39B, 44 Migration Act 1958 (Cth) ss 29, 31, 36, 474, 483, 500 Administrative Appeals Tribunal Act 1975 (Cth) ss 35, 39, 44
Refugee Review Tribunal, Re; Ex parte Aala (2000) 204 CLR 82 cited APPLICANT S214 OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND ANOR N287 OF 2003 EMMETT J 30 SEPTEMBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N287 OF 2003
BETWEEN: APPLICANT S214 OF 2002
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT
ADMINISTRATIVE APPEALS TRIBUNAL
SECOND RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 30 SEPTEMBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. the application be dismissed; 2. the applicant pay the first respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N287 OF 2003
BETWEEN: APPLICANT S214 OF 2002
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT
ADMINISTRATIVE APPEALS TRIBUNAL
SECOND RESPONDENT
JUDGE: EMMETT J
DATE: 30 SEPTEMBER 2003
PLACE: SYDNEY
REASONS FOR JUDGMENT
1 The applicant seeks relief pursuant to s 39B of the Judiciary Act 1903 (Cth) ('the Judiciary Act') in respect of a decision ('the s 500 Decision') made under s 500(1)(c) of the Migration Act 1958 (Cth)('the Migration Act') by the second respondent, the Administrative Appeals Tribunal ('the AAT'), on 12 October 2001. By the s 500 Decision, the AAT affirmed a decision of a delegate of the first respondent, the Minister for Immigration & Multicultural & Indigenous Affairs ('the Minister'), made on 9 August 2000, to refuse to grant to the applicant a protection visa under Pt 2 of the Migration Act. The ground for refusing a protection visa was that there are serious reasons for considering that the applicant has committed a crime against humanity.
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