VCAK OF 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 459

FEDERAL COURT OF AUSTRALIA VCAK OF 2002 v Minister for Immigration & Multicultural & Indigenous Affairs[2004] FCA459 MIGRATION- protection visa - application to review decision of the Tribunal - whether obligation to make reference to each Convention reason in Reasons for Decision - Tribunal did not invite applicant to comment on certain country information relied upon by Tribunal - whether such information required to be provided by s 424A of the Migration Act - whether the Tribunal under obligation to satisfy itself as to authenticity of documents - whether Tribunal under obligation to undertake further investigations - whether Tribunal failed to comply with s 430 of the Migration Act by not setting out all its findings on material questions of fact Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 36(2), 65, 420, 420(1), 424, 424A, 425, 427(1)(d) and 430 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 followed Craig v State of South Australia (1995) 184 CLR 163 considered Dissanayake v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 976 applied Dranichnikov v Minister for Immigration & Multicultural Affairs (2003) 197 ALR 389 considered Minister for Immigration & Multicultural Affairs v Yusuf (2001) 206 CLR 323 considered Minister for Immigration & Multicultural & Indigenous Affairs v Eshetu (1999) 197 CLR 611 applied Minister for Immigration & Multicultural & Indigenous Affairs v Tedella (2001) 195 ALR 84 applied Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 followed Re Minister for Immigration & Multicultural Affairs, Re; Ex parte Durairajasingham (2000) 168 ALR 407 considered Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 considered SCAS v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 598 followed SCAS v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 397 followed Stead v State Government Insurance Commission (1986) 161 CLR 141 considered VDAU v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 363 considered VEAJ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 678 considered VCAK OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 522 OF 2003 CRENNAN J 21 APRIL 2004 MELBOURNE