NAXW v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 644

FEDERAL COURT OF AUSTRALIA

NAXW v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 644 MIGRATION - Refugee Review Tribunal - application for protection visa - applicant citizen of People's Republic of China - claimed persecution by virtue of involvement in Falun Gong movement - rejection of documentary evidence - apparent contradictions in applicant's evidence - open to Tribunal to rely on contradictions to justify rejection of evidence - no general obligation to disclose country information to an applicant - no obligation to deal with every piece of evidence - no obligation to make inquiries as to authenticity of documents save in exceptional circumstances - exceptional circumstances not present - Tribunal invited applicant to demonstrate Falun Gong exercises - possibility of errors in the performance of the exercises not put to applicant - breach of procedural fairness - jurisdictional error - appeal allowed - Migration Act 1958 (Cth) NAXW v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N1986 OF 2003 TAMBERLIN J SYDNEY 21 MAY 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1986 OF 2003

BETWEEN: NAXW

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 21 MAY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for review is granted. 2. The decision of the RRT is set aside. 3. The matter is remitted to the RRT for decision in accordance with law. 4. The respondent pay the applicant's costs on this application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA