M122 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1367

FEDERAL COURT OF AUSTRALIA

M122 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1367 MIGRATION – judicial review – Refugee Review Tribunal – natural justice – alleged failure to submit documents to tribunal – alleged failure to give notice of unfavourable documents Judiciary Act 1903 (Cth) s44 Migration Act 1958 (Cth) M115/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1448 cited Minister for Immigration and Multicultural Affairs, re; Ex parte Lam (2003) 214 CLR 1 cited Muin v Refugee Review Tribunal (2002) 190 ALR 601 followed NADR v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 124 FCR 465 cited NADZ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 118 followed SBBS v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 194 ALR 749 cited S 194 of 2002 v Refugee Review Tribunal [2003] FCA 615 cited M122 of 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS, ELIZABETH JENSEN (in her capacity as a member of the Refugee Review Tribunal) and STEVE KARAS (in his capacity as principal member of the Refugee Review Tribunal) V 786 of 2003 FINKELSTEIN J 25 OCTOBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 786 of 2003

On remittal from the High Court of Australia

BETWEEN: M122 OF 2003

Applicant/Prosecutrix

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

ELIZABETH JENSEN (in her capacity as a member of the Refugee Review Tribunal) and

STEVE KARAS (in his capacity as a member of the Refugee Review Tribunal)

Respondents

JUDGE: FINKELSTEIN J

DATE OF ORDER: 25 OCTOBER 2004