WAIB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1379

FEDERAL COURT OF AUSTRALIA

WAIB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1379 MIGRATION – appeal – refusal of protection visa – misinterpretations of appellant's responses in pre-Tribunal hearing documents – responses relating to military rank held by appellant's father – Tribunal finding adverse to claimed rank – Tribunal's finding related to pre-hearing misinterpretations – Federal Magistrate accepted that Tribunal was mistaken in concluding appellant lacked credibility in various references to his father but no denial of procedural fairness at hearing – additional ground relating to s 424A notice - lack of procedural fairness – jurisdictional error H v Minister for Immigration & Multicultural Affairs (2000) 63 ALD 43 cited Minister for Immigration & Multicultural & Indigenous Affairs v Awan [2003] FCAFC 140 applied Minister for Immigration & Multicultural Affairs v Al Shamry (2001) 110 FCR 27 applied Perera v Minister for Immigration & Multicultural Affairs (1999) 92 FCR 6 cited Plaintiff S157 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 195 ALR 24 cited Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 82 cited Stead v State Government Insurance Commission (1986) 161 CLR 141 cited Tobasi v Minister for Immigration & Multicultural Affairs (2002) 122 FCR 322 cited VAAC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 74 cited W284 v Minister for Immigration & Multicultural Affairs [2001] FCA 1788 cited WAIB V MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W51 of 2003 RD NICHOLSON J 28 NOVEMBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W51 OF 2003

BETWEEN: WAIB

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS