P38/2003 v Refugee Review Tribunal [2004] FCA 1077

FEDERAL COURT OF AUSTRALIA

P38/2003 v Refugee Review Tribunal [2004] FCA 1077 MIGRATION – judicial review – protection visa – Refugee Review Tribunal – breaches of procedural fairness – alleged failure to consider favourable country information before delegate – non transmission to Tribunal of country information considered by delegate – alleged misleading letter to applicant – alleged consideration of adverse information – negative inference from document tendered by applicant without notice to applicant – failure by Secretary of Department to comply with statutory duty to transmit all relevant documents to Tribunal – no jurisdictional error disclosed – application dismissed Migration Act 1958 (Cth) Judiciary Act 1903 (Cth) s 39B

Muin v Refugee Review Tribunal (2002) 190 ALR 601 cited P33 of 2003 v Refugee Review Tribunal [2004] FCA 474 cited Applicants S487/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1309 cited S487 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 125 cited APPLICANT P38/2003 v REFUGEE REVIEW TRIBUNAL, SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and COMMONWEALTH OF AUSTRALIA W161 OF 2003 FRENCH J 18 AUGUST 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W161 OF 2003

On Remittal from the High Court of Australia

BETWEEN: APPLICANT P38/2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

COMMONWEALTH OF AUSTRALIA

THIRD RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 18 AUGUST 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the second and third respondents' costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.