Applicant A27 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 259

FEDERAL COURT OF AUSTRALIA

Applicant A27 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 259

MIGRATION – procedural fairness – whether procedural fairness requires administrative decision-maker/tribunal to warn that it intends to make a particular finding. MIGRATION – jurisdiction of Refugee Review Tribunal ('RRT') – no jurisdiction to consider matters relevant to Art 1F of Refugees Convention – whether RRT considered Art 1F of Refugees Convention on application for review.

Convention relating to the Status of Refugees done at Geneva on 28 July 1951, Art 1F

Daher v Minister for Immigration and Ethnic Affairs (1997) 77 FCR 107 applied Re Refugee Review Tribunal and Another; Ex parte Aala (2000) 204 CLR 82 cited Muin v Refugee Review Tribunal (2002) 190 ALR 601 cited Abebe v Commonwealth of Australia (1999) 197 CLR 510 cited Kioa and Others v West and Another (1985) 159 CLR 550 considered Meadows and Antoher v Minister for Immigration and Multicultural Affairs (1998) 90 FCR 370 discussed APPLICANT A27 OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS; MARGARET HOLMES, MEMBER REFUGEE REVIEW TRIBUNAL; PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL S 184 of 2003 LANDER J ADELAIDE 19 MARCH 2004

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 184 OF 2003

BETWEEN: APPLICANT A27 OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MARGARET HOLMES, MEMBER REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: LANDER J

DATE OF ORDER: 19 MARCH 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the first respondent's costs. 3. There be no order as to the costs of the second and third respondents. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.