Applicant A87 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 919

FEDERAL COURT OF AUSTRALIA

Applicant A87 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 919

JUDGMENTS AND ORDERS – estoppel – res judicata – issue estoppel – Anshun estoppel – abuse of process – application of res judicata, issue estoppel and Anshun estoppel in judicial review proceedings – whether unreasonable for applicant not to raise matters in previous proceedings. IMMIGRATION – statutory obligations of Refugee Review Tribunal – requirement to give certain information to applicant under s 424A Migration Act – whether Refugee Review Tribunal obliged to bring to applicant's attention judicial authorities on which it intends to rely.

Taylor v Ansett Transport Industries Ltd (1987) 18 FCR 342 applied Somander v Minister for Immigration and Multicultural Affairs (2000) 178 ALR 677 applied Blair v Curran (1939) 62 CLR 464 applied Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 applied Trawl Industries of Australia Pty Ltd v Effem Foods Pty Ltd (1992) 36 FCR 406 cited BC v Minister for Immigration and Multicultural Affairs [2002] FCAFC 221 cited Wong v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 204 ALR 722 cited APPLICANT A87 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS; MEMBER REFUGEE REVIEW TRIBUNAL; PRINCIPAL MEMBER, REFUGEE REVIEW TRIBUNAL S 658 of 2003 LANDER J 15 JULY 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 658 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: APPLICANT A87 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

AND: MEMBER, REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT