Applicant S557 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1403

FEDERAL COURT OF AUSTRALIA

Applicant S557 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1403 MIGRATION – jurisdictional error – s 424A Migration Act 1958 (Cth) – procedural fairness – Minister did not draw applicant's attention to independent country information – applicant advised by letter that Tribunal could not make favourable decision in her case without her appearance at the Tribunal hearing – failure to attend Tribunal hearing – no denial of procedural fairness Migration Act 1958 (Cth) s 424A, 426A Kioa v West (1985) 154 CLR 550 Minister for Immigration and Multicultural and Indigenous Affairs ; Ex Parte Lam (203) 214 CLR 1 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 SZAGE v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 317 WAEJ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 188 APPLICANT S557 of 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL NSD390 OF 2004 BENNETT J 29 OCTOBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD390 OF 2004

ON APPEAL FROM THE REFUGEE REVIEW TRIBUNAL

BETWEEN: APPLICANT S557 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: BENNETT J

DATE OF ORDER: 29 OCTOBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for a draft order nisi is refused. 2. The applicant pay the first respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA