VSAF v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1270

FEDERAL COURT OF AUSTRALIA

VSAF v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1270

MIGRATION – visa – protection visa – applicant sought to postpone tribunal hearing and did not attend – tribunal did not advise whether hearing rescheduled – subsequently affirmed decision to refuse visa – did not make findings of fact on applicant's claims – referred in reasons to matters about which it would have liked further information – whether tribunal performed duty to review decision of delegate MIGRATION – tribunal – jurisdictional error – form of relief when tribunal not a party

Federal Court of Australia Act 1976 (Cth) s 21 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 5(1), 36, 65, 414(1), 415(1), 415(2), 415(3), 425, 426A, 424(2), 424(3), 441A Federal Court Rules O 80

Convention relating to the Status of Refugees done at Geneva on 28 July 1951, as amended by the Protocol relating to the Status of Refugees done at New York on 31 January 1967 VSAF OF 2003, VSAG OF 2003 AND VSAH OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 651 of 2003 GRAY J 6 OCTOBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 651 of 2003

BETWEEN: VSAF OF 2003

FIRST APPLICANT

VSAG OF 2003

SECOND APPLICANT

VSAH OF 2003

THIRD APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 6 OCTOBER 2004

WHERE MADE: MELBOURNE

THE COURT DECLARES THAT the decision of the Refugee Review Tribunal, made on 19 June 2003, affirming a decision not to grant protection visas to the applicants, is void and of no effect.

THE COURT ORDERS THAT:

1. Liberty to apply be reserved. 2. The respondent pay the applicants' costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.