Applicant P40/2003 v Refugee Review Tribunal [2004] FCA 936

FEDERAL COURT OF AUSTRALIA

Applicant P40/2003 v Refugee Review Tribunal [2004] FCA 936

MIGRATION – judicial review – protection visa – Refugee Review Tribunal – procedural fairness – failure by Secretary of Department to transmit delegate's documents to Tribunal – Part B documents relating to country information – relevance to ultimate decision of Tribunal – whether any practical unfairness – whether outcome could have been different had applicant directed Tribunal to Part B documents – whether adverse country information considered by Tribunal - without notice to applicant – whether any practical unfairness – whether breach of statutory duty in failure to transmit documents to Tribunal – whether jurisdictional error – persecution – erroneous test for persecution – merely fact finding by Tribunal – no jurisdictional error disclosed Migration Act 1958 (Cth) s 418(3), s 424(1)

P33 of 2003 v Refugee Review Tribunal [2004] FCA 474 cited Muin v Refugee Review Tribunal (2002) 190 ALR 601 cited Applicants S487/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1309 S487 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 125 cited APPLICANT P40/2003 v REFUGEE REVIEW TRIBUNAL, DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and COMMONWEALTH OF AUSTRALIA W162 OF 2003 FRENCH J 16 JULY 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W162 OF 2003

On Remittal from the High Court of Australia

BETWEEN: APPLICANT P40/2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

COMMONWEALTH OF AUSTRALIA

THIRD RESPONDENT