M134 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 576

FEDERAL COURT OF AUSTRALIA M134 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 576 MIGRATION – protection visa – application for special leave to appeal – failure by Tribunal to provide to applicant all material relied upon – whether denial of procedural fairness – error of law – whether error of law sufficient to warrant reconsideration – whether judgment attended by sufficient doubt Federal Court of Australia Act 1976 (Cth) s 24(1A) Judiciary Act 1903 (Cth) s 44(1) Migration Act 1958 (Cth) Applicant M134/2003 v Minister for Immigration & Anor [2004] FMCA 163 cited NAHQ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 297 followed Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 followed Muin v Refugee Review Tribunal [2002] HCA 30 (2002) 190 ALR 601 discussed Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6 (2003) 195 ALR 502 referred to Applicant M115/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1448 referred to APPLICANT M134 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 360 of 2004

GRAY J 22 APRIL 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 360 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: APPLICANT M134 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 22 APRIL 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application for leave to appeal be dismissed. 2. The applicant pay the respondent's costs of the application.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.