Applicants M1015/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1309

FEDERAL COURT OF AUSTRALIA

Applicants M1015/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1309

MIGRATION – application for protection visa – applicant provided material to Tribunal suggesting all Tamils at risk of persecution in Colombo – Tribunal relied upon country information with differing view – applicant not given copy of country information during proceeding before Tribunal – whether Tribunal failed to accord procedural fairness – whether Tribunal has general obligation to provide applicant with all adverse information relied upon in decision – whether denial of procedural fairness of no consequence on basis that nothing applicant could have said could have made any difference – whether applicant required to demonstrate practical unfairness – whether applicant required to identify what he or she would have said had applicant been told Tribunal intended to rely upon adverse information Judiciary Act 1903 (Cth) s 39B

Muin v Refugee Review Tribunal (2002) 190 ALR 601 referred to Stead v State Government Insurance Commission (1986) 161 CLR 141 applied NARV v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 203 ALR 494 applied Re Minister for Immigration & Multicultural Affairs; Ex parte "A" (2001) 185 ALR 489 considered SBBS v Minister for Immigration & Multicultural Affairs (2002) 194 ALR 749 considered Re Minister for Immigration & Multicultural Affairs; Ex parte Cassim (2000) 175 ALR 209 referred to Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Miah (2001) 206 CLR 57 referred to NAXX v Minister for Immigration & Multicultural Affairs (2002) 119 FCR 312 referred to Re Minister for Immigration & Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1 considered Applicant M115 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1448 referred to NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10 referred to VHAP of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 82 referred to VWBS v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 464 referred to Ayan v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 139 referred to Dagli v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 298 applied Kioa v West (1985) 159 CLR 550 at 629 referred to Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 at 122 applied Tuncok v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1069 considered WACO v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 77 ALD 1 referred to Minister for Immigration & Multicultural & Indigenous Affairs v NAMW [2004] FCAFC 264 discussed NAFF of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 127 FCR 259 discussed Re Minister for Immigration & Multicultural Affairs; Ex parte Applicant S154/2002 (2003) 201 ALR 437 referred to