VWFP and VWFQ v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 231

FEDERAL COURT OF AUSTRALIA

VWFP and VWFQ v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 231

MIGRATION – appeal from decision of Federal Magistrate – protection visa – whether section 424A complied with – whether information applicant gave for the purpose of the application – whether information a part of the reason for Tribunal's decision – way information is used by Tribunal – appellant's membership of religious, social and/or political group – whether Tribunal's findings illogical or unsupported PRACTICE AND PROCEDURE – amendment to notice of appeal – power to allow additional grounds to be argued – whether in the interests of justice – prospects of success on new ground – explanation for failure to raise ground earlier – whether prejudice to the respondents

H v Minister for Immigration and Multicultural Affairs (2001) 63 ALD 43 cited VAAC v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 168 cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 577 referred to SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 411 referred to VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 cited Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 cited WAGP v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 124 FCR 276 cited Win v Minister for Immigration and Multicultural Affairs (2001) 105 FCR 212 referred to SZECF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1200 cited NAIH v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 124 FCR 223 referred to SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 2 cited Minister for Immigration and Multicultural Affairs v Al Shamry (2001) 110 FCR 27 referred to WAJR v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 204 ALR 624 cited M17/2004 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 85 ALD 597 cited Tin v Minister for Immigration and Multicultural and Indigenous Affairs [2000] FCA 1109 cited Singh v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 120 cited Attorney-General (NSW) v Quin (1990) 170 CLR 1 cited Appellant S106/2002 v Minister for Immigration and Multicultural Affairs (2003) 198 ALR 59 cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited SFGB v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 77 ALD 402 cited NACB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 235 cited W404/01A of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 255 cited VWST v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 286 cited NATC v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 52 cited VWFP and VWFQ v Minister for Immigration and Multicultural and Indigenous Affairs and Refugee Review Tribunal VID 534 of 2005 YOUNG J 16 MARCH 2006 MELBOURNE