Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NBBX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 753 MIGRATION – procedural fairness – natural justice – where the contents of a document is used to establish that an event asserted by an applicant did not occur, particulars of the contents must be given to the applicant – Refugee Review Tribunal used entire passenger list in affirming decision under review, not simply parts.
Migration Act 1958 (Cth) ss 422B, 424A
Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 referred to Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 cited VAF v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 123 referred to NBBX v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 187 OF 2004 MOORE J 16 JUNE 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 187 OF 2004
BETWEEN: NBBX
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 16 JUNE 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. A writ of certiorari issue removing into this Court and quashing the decision of the Refugee Review Tribunal of 22 January 2004. 2. A writ of mandamus issue to the Refugee Review Tribunal to hear and determine the applicant's application for review. 3. The respondent to pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 187 OF 2004
BETWEEN: NBBX
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
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