QAAT of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1659

FEDERAL COURT OF AUSTRALIA

QAAT of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1659

MIGRATION – protection visa – absence of appearance at hearing ‑ Tribunal made credibility findings

Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), s 475A

SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 applied Selvadurai v Minister for Immigration and Ethnic Affairs (1994) 34 ALD 347 cited Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 cited NASB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 24 cited M211 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 660 cited Minister for Immigration and Multicultural Affairs v Khawar (2002) 210 CLR 1 cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited QAAT OF 2003; QAAU OF 2003 and QAAV OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL Q 161 OF 2003 SIOPIS J 18 NOVEMBER 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 161 OF 2003

BETWEEN: QAAT OF 2003; QAAU OF 2003 and QAAV OF 2003

APPLICANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: SIOPIS J

DATE OF ORDER: 18 NOVEMBER 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1 The Refugee Review Tribunal is added as the second respondent. 2 The application is dismissed. 3 The applicants are to pay the first respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA