S440 of 2002 v Refugee Review Tribunal [2004] FCA 696

FEDERAL COURT OF AUSTRALIA

S440 of 2002 v Refugee Review Tribunal [2004] FCA 696 MIGRATION - denial of procedural fairness – whether denial of procedural fairness by Tribunal in failing to bring adverse materials to the attention of the applicants – whether Tribunal correspondence was misleading in referring to 'material relating to your application' – whether applicants were misled by Tribunal correspondence – bias – whether tentative views formed by the Tribunal in the course of the hearing was indicative of bias. Migration Act 1958 (Cth), s 474(2) Convention relating to the Status of Refugees 1951 S440 v Minister for Immigration & Multicultural Affairs [2001] FCA 1043 referred to S440 v Minister for Immigration & Multicultural Affairs [2002] FCAFC 98 referred to Stead v State Government Insurance Commission (1986) 161 CLR 141 referred to NABC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 317 referred to Muin v Refugee Review Tribunal & Ors, Lie v Refugee Review Tribunal & Ors [2002] HCA 30 referred to Minister v Yusuf (2001) 206 CLR 323 S440 OF 2002 v REFUGEE REVIEW TRIBUNAL & ANOR N352 OF 2003 EMMETT J 31 MAY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N352 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: S440 OF 2002

APPLICANTS

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 31 MAY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Orders nisi in the nature of certiorari and mandamus be made in relation to the decision of the first respondent of 26 February 2001 in matters N00/35145 and N00/35148. 2. The orders nisi be discharged. 3. The adult applicants pay the second respondent's costs of the proceeding. 4. The application be otherwise dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.