Applicant P33/2003 v Refugee Review Tribunal (No 2) [2004] FCA 935

FEDERAL COURT OF AUSTRALIA

Applicant P33/2003 v Refugee Review Tribunal (No 2) [2004] FCA 935

MIGRATION - judicial review – protection visa – procedural fairness – documents considered by delegate refusing protection visa – failure to transmit hard copies or electronic copies of documents to Tribunal – documents containing country information favourable to applicants – documents accessible to Tribunal through computer database and/or departmental library – not all documents accessible through database – some documents referred to in Tribunal reasons – no evidence as to applicants' state of belief re documents – evidence that applicants would have taken legal advice if aware all documents had not been forwarded – comprehensive consideration of country information by Tribunal – findings of fact by Tribunal consistent with contents of favourable materials – no procedural unfairness demonstrated – applications dismissed

Migration Act 1958 (Cth)

Judiciary Act 1903 (Cth) s 18

Muin v Refugee Review Tribunal (2002) 190 ALR 601 cited

P33 of 2003 v Refugee Review Tribunal [2004] FCA 474 cited

NABC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 317 cited

Applicant P33/2003 v Refugee Review Tribunal, Secretary Department of Immigration and Multicultural and Indigenous Affairs and Commonwealth of Australia

W158 of 2003

Applicant P34/2003 v Refugee Review Tribunal, Secretary Department of Immigration and Multicultural and Indigenous Affairs and Commonwealth of Australia

W159 of 2003

FRENCH J

16 JULY 2004

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W158 OF 2003

On Remittal from the High Court of Australia

BETWEEN: APPLICANT P33/2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

SECRETARY, DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS