VUAN v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1638

FEDERAL COURT OF AUSTRALIA

VUAN v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1638 MIGRATION – appeal – whether procedural fairness accorded to appellant in relation to internal relocation

Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 - applied Kioa v West (1985) 159 CLR 550 - applied VAAC v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 168 - applied Pilbara Aboriginal Land Council Aboriginal Corporation Inc v Minister for Aboriginal & Torres Strait Islander Affairs (2000) 103 FCR 539 – applied Minister for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 205 ALR 487 - applied Stead v State Government Insurance Commission (1986) 161 CLR 141 – applied Dagli v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 541 – cited SYLB v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 942 - cited VUAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL VID 255 of 2005 MERKEL J 11 NOVEMBER 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 255 OF 2005

BETWEEN: VUAN

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MERKEL J

DATE OF ORDER: 11 NOVEMBER 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The Refugee Review Tribunal be added as the second respondent and the title to the proceeding be amended accordingly. 2. The appeal be allowed. 3. The orders made by the Federal Magistrates Court on 16 March 2005 be set aside and, in lieu thereof, the following orders be made: (a) a writ of certiorari issue calling up and quashing the decision of the Refugee Review Tribunal made on 18 September 2003; (b) a writ of mandamus issue directing the Refugee Review Tribunal to hear and determine the appellant's application for a protection visa according to law. 4. The first respondent pay the appellant's costs of and incidental to the appeal and of the application to the Federal Magistrates Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.