Aporo v Minister for Immigration and Citizenship [2009] FCA 79

FEDERAL COURT OF AUSTRALIA

Aporo v Minister for Immigration and Citizenship [2009] FCA 79 MIGRATION – character test – documents before Tribunal included criminal history, sentencing decision and medical reports – whether Tribunal obliged to investigate provenance of the documents – provenance not challenged in Tribunal – Tribunal under no obligation to investigate provenance of documents – applicant dyslexic – whether Tribunal obliged to put each matter to applicant and to read excerpts of documents to him – applicant represented by counsel – Tribunal under no such obligation

Judiciary Act 1901 (Cth) s 39B Migration Act 1958 (Cth) ss 476A, 483, 501

Aporo v Minister for Immigration and Citizenship [2008] FCA 102 cited Cockrell v Minister for Immigration and Citizenship (2008) 171 FCR 345 considered Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 considered Humayun v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 149 FCR 558 cited Kioa v West (1985) 159 CLR 550 cited Luu v Renevier (1989) 91 ALR 39 cited Minister for Immigration and Citizenship v Le (2007) 164 FCR 151 considered Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425 cited Re Ruddock (in his capacity as Minister for Immigration and Multicultural Affairs); Ex parte Applicant S154/2002 (2003) 201 ALR 437 cited SZIAI v Minister for Immigration and Citizenship (2008) 104 ALD 22 considered SZJBA v Minister for Immigration and Citizenship (2007) 164 FCR 14 considered WAIJ v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 80 ALD 568 cited

MITA TAUPOPOKI GEORGE APORO v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ADMINISTRATIVE APPEALS TRIBUNAL

NSD 1357 of 2008

BENNETT J

12 february 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA