NAVK v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1389

FEDERAL COURT OF AUSTRALIA

NAVK v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1389

MIGRATION – protection visa – confidential documents relied on by Refugee Review Tribunal – exercise of discretion under s 438(3) of the Migration Act 1958 (Cth) not to disclose confidential documents to applicant – advice from the Secretary of the Department of Immigration & Multicultural & Indigenous Affairs disclosed to the applicant – request by applicant for the Refugee Review Tribunal to use the powers under s 427 to obtain answers from the Department to certain questions – whether failure to exercise powers under s 427 constitutes a denial of procedural fairness – whether the failure to disclose confidential documents constitutes a denial of procedural fairness

Migration Act 1958 (Cth) ss 5, 418, 424A, 427, 437, 438, 440, 474, 476

Gomez v Minister for Immigration and Multicultural Affairs (2002) 190 ALR 543 cited NAAO v Secretary, Department of Immigration and Multicultural Affairs (2002) 117 FCR 401 cited NAFQ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 473 cited WAGJ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 277 cited NAVK v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N1127 OF 2003 EMMETT J 28 NOVEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1127 OF 2003

BETWEEN: NAVK

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 28 NOVEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the application be dismissed; 2. the applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.