Applicant S1693 of 2003 v Refugee Review Tribunal [2004] FCA 1512

FEDERAL COURT OF AUSTRALIA Applicant S1693 of 2003 v Refugee Review Tribunal [2004] FCA 1512 MIGRATION – judicial review – procedural fairness – protection visa – documents before delegate refusing protection visa not forwarded to Tribunal – documents relevant to country information – Tribunal decision on questions of credibility – no evidence of practical unfairness – no jurisdictional error in failure to transmit documents – whether failure to take into account relevant considerations – essentially raised as question of fact – application dismissed Migration Act 1958 (Cth) Muin and Lie v Refugee Review Tribunal (2002) 190 ALR 601 cited S487/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1309 followed S487/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 125 cited P38/2003 v Refugee Review Tribunal [2004] FCA 1077 cited APPLICANT S1693/2003 v REFUGEE REVIEW TRIBUNAL, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and COMMONWEALTH OF AUSTRALIA N1451 OF 2003 FRENCH J 23 NOVEMBER 2004 DARWIN (Heard in Perth)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY N1451 OF 2003

BETWEEN: APPLICANT S1693/2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

COMMONWEALTH OF AUSTRALIA

THIRD RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 23 NOVEMBER 2004

WHERE MADE: DARWIN (Heard in Perth)

THE COURT ORDERS THAT:

1. The application is dismissed.

2. The applicant is to pay the respondents' costs of the application.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.