WAJR v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 106

FEDERAL COURT OF AUSTRALIA WAJR v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 106 IMMIGRATION – Refugee Review Tribunal – protection visa – adverse findings on appellant's credibility – whether affected by appellant's emotional state – whether appellant fit to give evidence before Tribunal – whether jurisdictional error – rejection of documentary evidence tendered by appellant – suggestion that documentary evidence forgery – no opportunity to appellant to comment on that issue – whether breach of procedural fairness – whether procedural fairness confined by statute so as to be inapplicable to such a breach – new grounds raised on appeal – evidence admitted on appeal – no objection – discretion of Court. Migration Act 1958 (Cth) s 420, s 422B, s 424A, s 425 Federal Court of Australia Act 1976 (Cth) s 24, s 25(1A), s 27 University of Woollongong v Metwally (No 2) (1985) 59 ALJR 481 cited Crampton v R (2000) 206 CLR 161 cited H v Minister for Immigration and Multicultural Affairs [2000] FCA 1348 cited Low v The Commonwealth [2001] FCA 702 cited Minister for Immigration and Multicultural and Indigenous Affairs v Scar (2003) 198 ALR 293 cited NAHF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 140 cited VBAB v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 121 FCR 100 cited WACO v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 171 cited WAEJ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 188 cited WAGU v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 912 cited Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 cited Annetts v McCann (1990) 170 CLR 596 cited WAJR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W179 OF 2003 FRENCH J 18 FEBRUARY 2004 PERTH