Applicant M1014 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs & Anor [2006] FCA 1190

FEDERAL COURT OF AUSTRALIA

Applicant M1014 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs & Anor [2006] FCA 1190

MIGRATION – Application for protection visa refused by Minister's delegate - decision affirmed by Refugee Review Tribunal - application for review dismissed – appeal - claim that Refugee Review Tribunal did not have part B documents referred to by the delegate EVIDENCE – Refugee Review Tribunal – rule in Jones v Dunkel (1959) 101 CLR 298 – whether adverse inference can be drawn from Tribunal / Department's failure to give evidence Migration Act 1958 (Cth), s 435(1)

Herijanto v Refugee Review Tribunal (2000) 170 ALR 379 applied Herijanto v Refugee Review Tribunal (No 2) (2000) 170 ALR 575 applied Jones v Dunkel (1959) 101 CLR 298 cited Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 cited M1014 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FMCA 1652 upheld Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal (2002) 190 ALR 601 considered APPLICANT M1014 of 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS VID 1586 of 2005

FINKELSTEIN J 1 SEPTEMBER 2006 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1586 of 2005

On appeal from the Federal Magistrates Court of Australia

BETWEEN: APPLICANT M1014 of 2003

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

AND: REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: FINKELSTEIN J

DATE OF ORDER: 1 SEPTEMBER 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondents costs of the appeal including any reserved costs, such costs to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.