VCAD v Minister for Immigration & Multicultural & Indigenous Affairs[2004] FCA 1005

FEDERAL COURT OF AUSTRALIA

VCAD v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1005

MIGRATION – protection visas – claim based on conscientious objection to military service – Tribunal found military service law a law of general application – religious basis for conscientious objection – whether Tribunal erred in failing to consider – alternative basis for decision of Tribunal – subsequent change in circumstances – correctness of decision not affected

Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), s 36 Migration Regulations 1994 (Cth) Migration Legislation Amendment (Judicial Review) Act 2001 (Cth)

Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476, referred to Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Applicants S134/2002 (2003) 211 CLR 441, referred to Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293, referred to Wang v Minister for Immigration and Multicultural Affairs (2000) 105 FCR 548, referred to Okere v Minister for Immigration and Multicultural Affairs (1998) 87 FCR 112, considered Stoljkovic v Minister for Immigration and Ethnic Affairs (1993) 33 ALD 379, referred to Murillo-Nunez v Minister for Immigration and Ethnic Affairs (1995) 63 FCR 150, referred to Erduran v Minister for Immigration and Multicultural Affairs (2002) 122 FCR 150, followed Mohamed v Minister for Immigration and Multicultural Affairs [2002] FCA 4, referred to Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 203 ALR 112, cited Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82, referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 195 ALR 502, referred to VBAC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 205, referred to VEAJ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 678, referred to Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421, referred to Zhang v Minister for Immigration, Local Government and Ethnic Affairs (1993) 45 FCR 384, referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323, referred to Minister for Immigration & Multicultural & Indigenous Affairs v VFAI of 2002 [2002] FCAFC 374, considered Applicant VEAZ of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1033, followed APPLICANT VCAD OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 156 of 2002