Applicant S1586 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 472

FEDERAL COURT OF AUSTRALIA

Applicant S1586 of 2003 v Minister for Immigration & Multicultural

& Indigenous Affairs [2005] FCA 472 MIGRATION – procedural fairness – where appellant declined invitation to attend Refugee Review Tribunal hearing– where appellant elected that a decision be made 'on the papers' – whether the Tribunal erred in not considering generic information considered in other cases of a similar nature – jurisdictional error not established – appeal dismissed

Migration Act 1958 (Cth) Migration Reform Act 1992 (Cth) Applicant S1174 of 2002 v Refugee Review Tribunal [2004] FCA 289 Cabal v Minister for Immigration & Multicultural Affairs [2001] FCA 546 Minister for Immigration and Multicultural and Indigenous Affairs v Applicants S194 of 2002 [2003] FCAFC 273 Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal (2002) 190 ALR 601 Susaki v Minister for Immigration and Multicultural Affairs [1999] FCA 196 APPLICANT S1586 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD1556 OF 2004 BENNETT J 26 APRIL 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1556 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: APPLICANT S1586 OF 2003

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BENNETT J

DATE OF ORDER: 26 APRIL 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1556 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: APPLICANT S1586 OF 2003

APPELLANT