Minister for Immigration and Multicultural and Indigenous Affairs v Katisat [2005] FCA 1908

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Multicultural and Indigenous Affairs v Katisat [2005] FCA 1908

MIGRATION – information within s359A of the Migration Act refers to knowledge of facts or circumstances communicated to or received by the Tribunal – information submitted by the applicant and received by the Tribunal that he was going on 'continuing trips' to Jordan - Tribunal's inference that relationship with first wife was continuing on basis of the 'continuing trips' was part of its reasoning process and was not itself information – failure to summons a witness – whether a breach of s357A - applicant's entitlement to relief depends on proper construction of ss 361 and 363 not on the natural justice hearing rule – Tribunal must have genuine regard to the applicant's notice requesting that a witness be called – ss 361 and 363 do not oblige the Tribunal to call a witness Migration Regulations 1994 (Cth), Regulation 1.15A Migration Act 1958 (Cth) ss 51A(1), 357A, 359A, 360, 361, 363, 366D, 375A, 422B Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72 Kioa v West (1985) 159 CLR 550 Minister for Immigration and Multicultural and Indigenous Affairs v Maltsin [2005] FCAFC 118 Minister of Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 207 ALR 12 Moradian v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 142 FCR 170 NAQF v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 130 FCR 456 Narang v Minister for Immigration and Multicultural and Indigenous Affairs [2000] FCA 1515 Re Minister for Immigration and Multicultural Affairs v Ex parte Miah (2001) 206 CLR 57 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 79 ALR 1009 SZBDF v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1493 SZEGT v Minister for Immigration & multicultural & Indigenous Affairs [2005] FCA 1514 Tin v Minister for Immigration and Multicultural Affairs [2001] FCA 1109 VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 VEAL v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 197 ALR 471 VEAL v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 138 FCR 84 VJAF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 178 WAID v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 220 WAJR v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 204 ALR 624 Wu v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 221 MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v RAED KATISAT NSD 827 OF 2005 BENNETT J 23 DECEMBER 2005 SYDNEY