Applicants S61 of 2002 v Refugee Review Tribunal [2003] FCA 1274

FEDERAL COURT OF AUSTRALIA

Applicants S61 of 2002 v Refugee Review Tribunal [2003] FCA 1274 MIGRATION – affirmation by Refugee Review Tribunal of decision refusing to grant protection visas – applicants husband and wife Brahmin Hindus and their infant child – claim of well-founded fear of persecution on grounds of religion, political opinion and membership of a particular social group – marriage of two Brahmin Hindus sharing same ancestral name –non-sending by Departmental Secretary to Registrar of Tribunal of certain documents referred to in Decision Record of Minister's delegate – non-production of documents before Court – whether non-production should tell against Minister – whether it should be inferred against Minister that a document not produced contained information favourable to applicants' case – onus of proof – whether Tribunal had failed to comply with s 424 of Migration Act 1958 (Cth) by failing to refer to two books in its library which were likely to contain relevant country information.

Migration Act 1958 (Cth) s 418(3), 424 Muin v the Refugee Review Tribunal and Lie v Refugee Review Tribunal (2002) 190 ALR 601 distinguished Re Minister for Immigration and Multicultural Affairs; ex parte Lam (2003) 195 ALR 502 cited Stead v State Government Insurance Commission (1986) 161 CLR 141 cited Re Refugee Review Tribunal; ex parte Aala (2000) 204 CLR 82 cited NAFF of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 52 cited Ayan v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 139 cited WACO v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 171 cited Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 cited Somanader v Minister for Immigration and Multicultural Affairs (2000) 178 ALR 677 cited BC v Minister for Immigration and Multicultural Affairs (2001) 67 ALD 60; on appeal [2002] FCAFC 221 cited Thayananthan v Minister for Immigration & Multicultural & Indigenous Affairs [2003]FCA 1054 cited Re Ruddock; Ex parte LX [2003] FCA 561 cited Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 distinguished