M1013 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 800

FEDERAL COURT OF AUSTRALIA

M1013 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 800 MIGRATION – Procedural fairness – Treatment of documents - Opportunity to comment on a document which the Refugee Review Tribunal possessed.

High Court Rules O 55 r 17, O 60 r 6 Judiciary Act 1903 (Cth) s 44 Federal Court Rules (Cth) O 51A r 5(1)(a) Migration Act 1958 (Cth) ss 424(A)(1) and 424A(3)(a) and 476 (since repealed), ss 345, 417 and 422B Migration Legislation Amendment (Procedural Fairness) Act 2002 (Cth), Sch 1, Item 7(5) Kumara v Minister for Immigration and Multicultural Affairs [1999] FCA 54 referred to De Silva, Liyanage Pilak Robert Leonard and Others v Minister for Immigration and Multicultural Affairs 89 FCR 502 referred to NAFQ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 473 referred to Lie v Refugee Review Tribunal (2002) 190 ALR 601 referred to Re application for writs of certiorari and prohibition against Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Batuwantudawa (2003) FCA 684 followed Re Commonwealth of Australia; ex parte Marks (2000) 177 ALR 491 referred to Re Ruddock; Ex parte Reyes (2000) 177 ALR 484 followed Thayananthan v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1054 referred to VAAC v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 74 referred to WAIJ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 74 referred to M1013 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND THE REFUGEE REVIEW TRIBUNAL V 800 of 2003 CRENNAN J MELBOURNE 30 JUNE 2004

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 800 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA