B42 of 2003 v Refugee Review Tribunal [2004] FCA 1013

FEDERAL COURT OF AUSTRALIA

B42 of 2003 v Refugee Review Tribunal [2004] FCA 1013 MIGRATION – protection visa – witness to murder in Fiji – whether alleged failure of Refugee Review Tribunal to deliver or explain independent materials constituted denial of natural justice – substance of material brought to applicant's attention – whether fear of harm was for reasons based on any Convention ground – no practical injustice Migration Act 1958 (Cth) s 474A High Court Rules O 16 r 12 Muin v Refugee Review Tribunal and Lie v Refugee Review Tribunal (2002) 190 ALR 601 referred to Minister for Immigration and Multicultural and Indigenous Affairs v Applicants S194 of 2002 [2003] FCAFC 273 applied B42 OF 2003 v REFUGEE REVIEW TRIBUNAL and MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS No Q 145 of 2003 SPENDER J BRISBANE 9 AUGUST 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 145 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: B42 OF 2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 9 AUGUST 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs, to be taxed if not agreed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 145 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: B42 OF 2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS