WAHU v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 890

FEDERAL COURT OF AUSTRALIA

WAHU v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 890 MIGRATION – appeal – refusal of protection visa – dismissal of application for review by Federal Magistrate – whether Federal Magistrate in error of law – whether Tribunal in jurisdictional error as a consequence of failure to comply with requirements of procedural fairness – whether Tribunal gave appellant opportunity to comment on evidence it viewed adversely –whether appellant medically and psychiatrically unfit at time of Tribunal hearing Migration Act 1958 (Cth) ss 36, 36(2), 425 Federal Court of Australia Act 1976 (Cth) s 27 Craig v State of South Australia (1995) 184 CLR 163 referred to Minister for Immigration & Multicultural & Indigenous Affairs v SCAR (2003) 128 FCR 553 considered NAAK of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 113 cited NAMJ v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 76 ALD 56 considered NAPE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1124 considered Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 cited Refugee Review Tribunal, Re; Ex parte Aala (2000) 204 CLR 82 considered VAAC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 74 considered WACO v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 77 ALD 1 considered WAEJ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 188 considered WAGU v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 912 cited WAIU v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1 considered WAJR v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 204 ALR 624 cited WAHU v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W111 of 2003 RD NICHOLSON J 9 JULY 2004 PERTH