Minister for Immigration and Multicultural and Indigenous Affairs v Applicant M1031/03 [2005] FCA 388

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Multicultural and Indigenous Affairs v Applicant M1031/03 [2005] FCA 388

MIGRATION – appeal from decision of Federal Magistrate setting aside a decision of the Refugee Review Tribunal – procedural fairness – whether procedural fairness required the Refugee Review Tribunal to disclose information to the applicant that was favourable to him or that supported his case.

Migration Act 1958 (Cth) Federal Court of Australia Act 1976 (Cth), s 25(1A) Federal Proceedings (Costs) Act 1981 (Cth), s 6

Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal (2002) 76 ALJR 966 referred to Abebe v The Commonwealth of Australia (1999) 197 CLR 510 applied MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v APPLICANT M1031/03; JANET WOOD (IN HER CAPACITY AS A MEMBER OF THE REFUGEE REVIEW TRIBUNAL); STEVE KARAS (IN HIS CAPACITY AS PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL) VID 1448 of 2004 LANDER J 13 APRIL 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID1448 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

APPELLANT

AND: APPLICANT M1031/03

FIRST RESPONDENT

JANET WOOD (IN HER CAPACITY AS A MEMBER OF THE REFUGEE REVIEW TRIBUNAL)

SECOND RESPONDENT

STEVE KARAS (IN HIS CAPACITY AS PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL)

THIRD RESPONDENT

JUDGE: LANDER J

DATE OF ORDER: 13 APRIL 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders made by the Federal Magistrate on 5 November 2004 be set aside. 3. The respondents' application for a review of the Refugee Review Tribunal decision given on 24 November 2000 be dismissed. 4. The respondents to pay the appellant's costs in the Federal Magistrates Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.