Applicants A104 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 876

FEDERAL COURT OF AUSTRALIA

Applicants A104 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 876

MIGRATION – procedural fairness – content of procedural fairness – obligation to put adverse findings to applicant – relocation within India – application for judicial review of decision affirming refusal to grant applicants protection visa – where Refugee Review Tribunal (RRT) made finding that applicants' witnesses corroborated applicants' evidence because applicants had supplied them with false information – where RRT failed to give applicants or witnesses an opportunity to comment – whether any practical injustice suffered by applicants in light of finding by RRT that relocation possible.

Abebe v The Commonwealth of Australia [1999] HCA 14 cited Kalala v Minister for Immigration and Multicultural Affairs (2001) 114 FCR 212 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6 applied APPLICANTS A104 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS; MEMBER, REFUGEE REVIEW TRIBUNAL; PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL S 679 of 2003 LANDER J 7 JULY 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 679 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: APPLICANTS A104 OF 2003

APPLICANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MEMBER, REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: LANDER J

DATE OF ORDER: 7 JULY 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application for judicial review is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.