Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Applicant S298/2003 v Minister for Immigration and Citizenship [2007] FCA 1793
MIGRATION – where appellant tendered a photocopy of a document to the Tribunal – where Tribunal decision made on 19 August 1998 – where s 424A and s 422B not yet enacted – where common law rules of natural justice applied instead – whether Tribunal misled appellant into thinking that there was no point tendering the original document – appeal allowed. Migration Act 1958 (Cth) Federal Court of Australia Rules 1979 (Cth) Minister for Immigration and Multicultural and Indigenous Affairs v SZFDJ [2006] FCAFC 53 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2001) 168 ALR 407cited Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1 cited VAAC v Minister for Immigration (2003) 129 FCR 168cited WACO v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 511 distinguished APPLICANT S298/2003 v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1133 OF 2007
LANDER J
22 NOVEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1133 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: APPLICANT S298/2003
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: LANDER J
DATE OF ORDER: 22 NOVEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The order of the Federal Magistrates Court made on 31 May 2007 be set aside and in lieu thereof: (a) there be an order quashing the decision of the second respondent made on 19 August 1998; (b) there be an order requiring the second respondent to review according to law the decision made by the delegate of the first respondent on 6 May 1997 to refuse the applicant a Protection visa (866); (c) the first respondent pay the applicant's costs. 3. The first respondent pay the appellant's costs of the appeal.
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