VNAA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1474

FEDERAL COURT OF AUSTRALIA

VNAA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1474 VNAA and VNAB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 99 of 2003 RYAN J 12 DECEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 99 of 2003

BETWEEN: VNAA

First Applicant

VNAB

Second Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGE: RYAN J

DATE OF ORDER: 12 DECEMBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants pay the respondent's costs of the application, such costs to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 99 of 2003

BETWEEN: VNAA

First Applicant

VNAB

Second Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGE: RYAN J

DATE: 12 DECEMBER 2003

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 There is before the Court an application for review of a decision of the Refugee Review Tribunal ("the Tribunal") on 4 February 2003 affirming a decision by a delegate of the respondent Minister refusing to grant the applicants protection visas. The delegate's refusal occurred on 18 April 2002 and was notified to the applicants on the same day. On 20 May 2002 the applicants applied to the Tribunal for review of the decision of the delegate. The applicants gave as their home address on the application form "23 Wentworth Auburn 2144" and as their mailing address "PO Box K412 Haymarket 1240". No telephone number was furnished and the applicants did not complete that part of the application form which provided for the nomination of "someone to receive correspondence and to act on your behalf." 2 By letter dated 21 May 2002 addressed to the male applicant at the mailing address shown on the application, the Tribunal acknowledged receipt of the application. That letter included the following passages; 'We have asked the Department to send a copy of its documents about your case to the Tribunal. When we receive the Department's documents, the Tribunal will look at your papers and decide whether it has jurisdiction to consider your application. If so, it will then look at your papers along with any other evidence on the Tribunal file to determine whether it can make a decision in your favour. If the Tribunal cannot make a decision in your favour, you will be asked whether you want to come to a hearing of the Tribunal to give oral evidence and to present arguments. Some hearings are conducted by video or telephone conference. If you have any new documents or written evidence, you should send them to the Tribunal at the earliest possible point in the review process. You should quote the file number shown at the top of this letter when sending any documents to the Tribunal. Any documents that are not in English are to be translated into English by an accredited translator. … … … Important: While your application is being dealt with, you must advise the Tribunal of any change in your home address, your mailing address, your telephone number or any change in the name and address of your authorised recipient. If you do not, your case may be decided in your absence. (You are also required to inform the Department) The Tribunal will acknowledge any change of contact information you provide.' (original emphasis) 3 On 10 October 2002, the Tribunal sent by registered post a letter to both the mailing address of the applicants and to the residential address "23 Wentworth St Auburn NSW 2144." The latter letter was returned to the Tribunal with a "Return to Sender" label affixed to it which indicated "no such address". In the body of each letter the following indication was given; 'The Tribunal has considered the material before it in relation to your application but is unable to make a decision in your favour on this information alone. Hearing of the Tribunal We now invite you and any persons listed above to come to a hearing of the Tribunal to give oral evidence and present arguments in support of your claims. You can also ask the Tribunal to obtain oral evidence from another person or persons. If you want to come to a hearing it will be on: Date: Monday, 6 January 2003 Time: 9.00 AM Please arrive at least 15 minutes before the start of the hearing Place: Level 29, Pacific Power Building, 201 Elizabeth Street, Sydney Important information about your hearing · The Tribunal will only change this hearing date for good reasons. If you think you might be unable to attend the hearing, you must contact the Tribunal immediately. If you do not attend the hearing and the Tribunal does not postpone the hearing, it can make a decision on your case without further notice. · If you have a passport you should bring it to the hearing.'