Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
M66, in the matter of an application for Writs of Prohibition, Mandamus & Certiorari against the Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1482 MIGRATION – visa – protection visa – whether Tribunal failed to deal with claim put by applicant – whether misinterpreted 'persecution' – whether failed to appreciate significance of torture of applicant's brother or of alleged assault on applicant – whether denial of natural justice – whether failure to perform Tribunal's statutory obligation to provide particulars of any information and opportunity to comment – reliance by Tribunal on information from independent sources – whether information as to one matter common ground – whether failure to give opportunity to comment on information in one respect affected outcome of case
Judiciary Act 1903 (Cth) ss 39B, 44(1) Migration Act 1958 (Cth) ss 5(1), 36, 91R, 424A Mok v Minister for Immigration & Local Government & Ethnic Affairs (No 1) (1993) 47 FCR 1 referred to IN THE MATTER OF AN APPLICATION FOR WRITS OF PROHIBITION, MANDAMUS AND CERTIORARI AGAINST THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS; EX PARTE M66 OF 2002 V 684 of 2002 GRAY J 18 DECEMBER 2003 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 684 of 2002
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
EX PARTE: In the matter of an application for Writs of Prohibition, Mandamus and Certiorari against:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
M66 OF 2002
APPLICANT/PROSECUTOR
JUDGE: GRAY J
DATE OF ORDER: 18 DECEMBER 2003
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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