Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAJO v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 356
MIGRATION – Refugee Review Tribunal – judicial review – protection visa – corroborative documentary evidence – rejection of documentary evidence – finding by the Refugee Review Tribunal that documents were a fabrication – possibility of fabrication never put to appellant – breach of procedural fairness – jurisdictional error – appeal allowed
Migration Act 1958 (Cth)
WAGU v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 912 applied NAJO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1502 OF 2003 MOORE J SYDNEY 31 MARCH 2004
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1502 OF 2003
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: NAJO
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 31 MARCH 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be allowed.
2. The orders of the Federal Magistrate of 11 September 2003 be set aside.
3. A writ of certiorari issue to remove to this Court and quash the decision of the Refugee Review Tribunal of 18 December 2002.
4. A writ of mandamus issue directing the Tribunal to determine according to law the appellant's application for a protection visa.
5. The respondent pay the appellant two thirds of the costs of the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1502 OF 2003
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: NAJO
APPELLANT
AND: MINISTER FOR IMMIGRATING AND MULTICULTURAL AND INDIGENOUS AFFAIRS
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