QAAN/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 359

FEDERAL COURT OF AUSTRALIA

QAAN/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 359 MIGRATION – appeal against refusal to grant Protection (Class XA) Visa–privative clause decisions – whether the rules of procedural fairness require an intelligible aural record of proceedings in the Refugee Review Tribunal – whether the Refugee Review Tribunal failed to act in good faith – whether findings of credibility made by the Refugee Review Tribunal deny review. Migration Act 1958 (Cth) s 474 Judiciary Act 1903 (Cth) s 39B Constitution s 75(v) Ex parte Smith; Re Russo [1971] NSWLR 184 referred to Plaintiff S157/ 2002 v Commonwealth of Australia (2003) 211 CLR 476 followed Craig v The State of South Australia (1995) 184 CLR 163 referred to Re Minister for Immigration and Multicultural Affairs: Ex parte Durairajasingham (2000) 168 ALR 407 followed Devries v Australian National Railways Commission (1993) 177 CLR 472 referred to QAAN/2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS No Q 19 of 2003 SPENDER J BRISBANE 31 MARCH 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 19 OF 2003

BETWEEN: QAAN/2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 31 MARCH 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application filed 25 February 2003 is dismissed. 2. The applicant pay the respondent's costs, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 19 OF 2003

BETWEEN: QAAN/2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS