NANF v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 292

FEDERAL COURT OF AUSTRALIA

NANF v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 292 MIGRATION – application for a protection visa – s 424A of the Migration Act 1958 (Cth) – whether Refugee Review Tribunal failed to provide applicant with particulars of information that the Tribunal considered would be the reason, or a part of the reason, for affirming the decision under review – whether exception in s 424A(3)(a) applies – whether non-compliance with s 424A constitutes jurisdictional error where there is no lack of procedural fairness. ADMINISTRATIVE LAW – procedural fairness –whether substance of country information brought to the attention of the applicant. Migration Act 1958 (Cth) s 422B, s 424A, s 441A, s 474 Applicant NAHV of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 102 followed. Muin v Refugee Review Tribunal (2002) 190 ALR 601 cited. NARV v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 203 ALR 494 discussed. Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 cited. Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 cited. Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 cited. VHAJ v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 609 cited. NANF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 2262 OF 2003 SACKVILLE J SYDNEY 24 MARCH 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N2262 OF 2003

BETWEEN: NANF

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 24 MARCH 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.