VWBA v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 71

FEDERAL COURT OF AUSTRALIA

VWBA v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 71

MIGRATION – visa – protection visa – procedural fairness – Falun Gong practitioners from China – same tribunal member heard both applications – tribunal indicated it would provide opportunity to comment on adverse information it heard in each other applicant's case – no such opportunity provided – whether tribunal took into account such information – whether tribunal gave adequate opportunity to respond to 'country information' MIGRATION – visa – protection visa – finding that private practice of Falun Gong unlikely to attract attention of authorities – whether tribunal asked wrong question – whether obliged to make finding on what would happen if practice of Falun Gong became known – whether tribunal obliged to make finding on whether fear a substantial motivation for keeping Falun Gong practice secret

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 36, 5(1), 91X, 424A, 91R, 474(2), 474(1) Federal Court of Australia Act 1976 (Cth) s 21

Convention relating to the Status of Refugees done at Geneva on 28 July 1951 Protocol relating to the Status of Refugees done at New York on 31 January 1967 Appellant S395/2002 v Minister for Immigration & Multicultural Affairs [2003] HCA 71 (2003) 203 ALR 112 followed VFAC v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 367 followed SZACV v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 469 followed

VWBA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 1106 of 2003 VWBB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 1107 of 2003 GRAY J 11 FEBRUARY 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1106 of 2003