QAAC of 2004 v Refugee Review Tribunal [2004] FCA 1322

FEDERAL COURT OF AUSTRALIA

QAAC of 2004 v Refugee Review Tribunal [2004] FCA 1322

MIGRATION – decision of the Refugee Review Tribunal to affirm decision to refuse grant of protection visas – citizens of Fiji of Indian ethnicity and of the Muslim religion – privative clause decision – whether failure of Tribunal to deliver or explain particular material constituted a denial of procedural fairness – ample opportunity for applicants to have presented material showing that the material relied on by the Tribunal was erroneous – whether previous application for a carer visa relevant to credibility of applicants' fear of persecution on a Convention ground – whether migration adviser's conduct amounted to a denial of procedural fairness – whether applicants denied procedural fairness due to lack of education and English skills

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 475A

Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 referred to Craig v South Australia (1995) 184 CLR 163 referred to WAID v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 220 referred to VHAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 82 applied Re MIMA; Ex parte "A" (2001) 185 ALR 489 applied QAAC OF 2004, QAAD OF 2004 AND QAAE OF 2004 v REFUGEE REVIEW TRIBUNAL and MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS No Q 49 of 2004 SPENDER J BRISBANE 14 OCTOBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 49 OF 2004

BETWEEN: QAAC OF 2004, QAAD OF 2004 AND QAAE OF 2004

APPLICANTS

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS