B41 of 2003, in the matter of an application for a Writ of Mandamus, Prohibition and Certiorari against Refugee Review Tribunal [2004] FCA 30

FEDERAL COURT OF AUSTRALIA

B41 of 2003, in the matter of an application for a Writ of Mandamus, Prohibition and Certiorari against Refugee Review Tribunal [2004] FCA 30 MIGRATION – where application for protection visa – where did not attend Tribunal hearing – where draft order nisi – where review of proceedings in Refugee Review Tribunal – whether denial of procedural fairness – whether not given opportunity to be heard – whether had notice of hearing – whether Tribunal relied upon additional material that the prosecutor was not able to comment upon – whether well-founded fear of persecution – whether material not before the Tribunal – whether had notice of case to be met – whether error of law – whether immigration adviser's negligence or incompetence constitutes a ground of review. Migration Act 1958 (Cth) ss 424A, 424A(1), 424A(3) Migration Legislation Amendment Act (No 1) 1998 (Cth) Queensland Criminal Code, s 668E Muin v Refugee Review Tribunal (2002) 76 ALJR 966 considered Lie v Refugee Review Tribunal (2002) 76 ALJR 966 considered R v Home Secretary; Ex parte Al-Mehdawi [1990] 1 AC 876 considered SBA Foods Pty Ltd v Victorian WorkCover Authority & Anor [2001] VSC 276 cited Stefanovski v County Court of Victoria & Anor [2000] VSC 417 cited Hot Holdings Pty Ltd v Creasy & Ors (2002) 210 CLR 438 considered Barrett v Minister for Immigration, Local Government and Ethnic Affairs (1989) 18 ALD 129 considered Minister for Immigration and Multicultural and Indigenous Affairs v Applicants S194 of 2002 [2003] FCAFC 273 considered Re Minister for Immigration and Multicultural Affairs & Anor; Ex parte Miah (2001) 206 CLR 57 followed Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71 distinguished Craig v The State of South Australia (1995) 184 CLR 163 considered R v Home Secretary, Ex parte Sivakumaran [1988] AC 958 cited IN THE MATTER OF AN APPLICATION FOR A WRIT OF MANDAMUS, PROHIBITION AND CERTIORARI AGAINST REFUGEE REVIEW TRIBUNAL AND MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS; EX PARTE B41 OF 2003 Q 144 OF 2003 DOWSETT J 2 FEBRUARY 2004 BRISBANE