NARU v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 864

FEDERAL COURT OF AUSTRALIA

NARU v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 864 MIGRATION – Refugee Review Tribunal – corroborative documentary evidence supplied – Tribunal's rejection of corroborative evidence as fabricated based on findings as to applicant's credibility – whether Tribunal failed to give opportunity to respond to conclusions on corroborative evidence – whether this failure constitutes jurisdictional error

Judiciary Act 1903 (Cth) s 39B

NART v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 865 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 cited WACO v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 171 discussed WAGU v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 912 discussed WAHP v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 87 discussed NARU & ANOR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N705 OF 2003 STONE J 7 JULY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 705 OF 2003

BETWEEN: NARU

FIRST APPLICANT

NARV

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 7 JULY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. An order in the nature of certiorari be issued, directed to the Refugee Review Tribunal removing its decision in this matter, made on 29 April 2003, into this Court, for the purpose of quashing it. 2. The Refugee Review Tribunal's decision of 29 April 2003 be quashed. 3. An order in the nature of mandamus be issued, directed to the Refugee Review Tribunal, requiring it to hear and determine the applicants' application for review according to law. 4. The respondent pay the applicant's costs.