NAUW v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1086

FEDERAL COURT OF AUSTRALIA

NAUW v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1086 MIGRATION – protection visa application – appellant claimed to be Falun Gong practitioner – Refugee Review Tribunal relied on a list of businessmen forming a business delegation to Australia of which appellant was one – where list pre-dated appellant's claimed Convention related catalyst for coming to Australia – where list not provided to appellant – whether failure to provide list involved contravention of s 424A of Migration Act 1958 (Cth) – Refugee Review Tribunal provided alternate reasoning accepting the appellant was a Falun Gong practitioner – where Tribunal found appellant would be able to practise Falun Gong in secret or in the privacy of own home – where Tribunal failed to ask itself the correct questions Migration Act 1958 (Cth) s 424A NAUW v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 262 OF 2005 MOORE J 12 AUGUST 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 262 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: NAUW

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 12 AUGUST 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Refugee Review Tribunal be added as a respondent. 2. The appeal be allowed. 3. The orders of the Federal Magistrate in proceedings SYG2575 of 2003 be set aside and, in lieu thereof, it be ordered that: a. The decision of the Refugee Review Tribunal of 27 June 2003 be quashed. b. The matter be remitted to the Refugee Review Tribunal to be determined according to law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.