VMOT v Minister for Immigration Multicultural and Indigenous Affairs [2005] FCA 28

FEDERAL COURT OF AUSTRALIA

VMOT v Minister for Immigration Multicultural and Indigenous Affairs [2005] FCA 28

MIGRATION – visa – protection visa – tribunal found any threat to first applicant no longer had currency – whether jurisdictional error – whether tribunal misunderstood meaning of 'well-founded fear of persecution' – whether denial of procedural fairness in tribunal relying on country information not communicated to applicants – whether first applicant said all he could in relation to matters raised by country information

Migration Act 1958 (Cth) ss 447, 474(2), 477(1), 36(1), 36(2)(a), 36(2)(b), 5(1) Judiciary Act 1903 (Cth) s 39B Federal Court Rules O 54B r 3, O 80

Convention relating to the Status of Refugees done at Geneva on 28 July 1951, as amended by the Protocol relating to the Status of Refugees done at New York on 31 January 1967 Stead v State Government Insurance Commission (1986) 161 CLR 141 cited Re: Refugee Review Tribunal; Ex parte Aala [2000] HCA 57 (2000) 204 CLR 82 cited VMOT, VMOU AND VMOV v MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS V 87 of 2003 GRAY J 3 FEBRUARY 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 87 of 2003

BETWEEN: VMOT

FIRST APPLICANT

VMOU

SECOND APPLICANT

VMOV

THIRD APPLICANT

AND: MINISTER FOR IMMIGRATION MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 3 FEBRUARY 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants pay the respondent's costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 87 of 2003