WZARB v Minister for Immigration and Citizenship [2013] FCA 523

FEDERAL COURT OF AUSTRALIA

WZARB v Minister for Immigration and Citizenship [2013] FCA 523 Citation: WZARB v Minister for Immigration and Citizenship [2013] FCA 523

Appeal from: WZARB v Minister for Immigration & Anor [2013] FMCA 93

Parties: WZARB v MINISTER FOR IMMIGRATION AND CITIZENSHIP and PETER TYLER IN HIS CAPACITY AS AN INDEPENDENT PROTECTION ASSESSMENT REVIEWER

File number: NSD 435 of 2013

Judge: LOGAN J

Date of judgment: 29 May 2013

Catchwords: ADMINISTRATIVE LAW – appeal from decision of Federal Magistrates Court of Australia (now Federal Circuit Court of Australia) affirming decision of independent protection assessment reviewer – reviewer found Australia did not owe appellant protection obligations as a refugee – during interview, reviewer undertook to view employment documents of appellant including an original copy of ID card not before reviewer during interview – appellant claimed ID card central to his claim of fear of persecution – appellant citizen of Afghanistan – appellant claimed to work for government organisation in Afghanistan which placed him in danger from Taliban – reviewer also advised appellant that "we'll get back to you if we need to talk about it [the ID card]" – reviewer did not examine ID card or revert to appellant – whether the failure to view ID card and revert to appellant, as promised, deprived the appellant of the possibility of a successful outcome, and therefore, denied him natural justice Held: appeal allowed

Legislation: Migration Act 1958 (Cth) ss 5, 46A, 195A, 464A

Cases cited: Attorney-General (Hong Kong) v Ng Yuen Shiu [1983] 2 AC 629 followed Attorney-General (NSW) v Quin (1990) 170 CLR 1 considered John v Rees [1970] Ch 345 considered Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123 distinguished Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Lam (2003) 214 CLR 1 applied NAFF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 221 CLR 1 considered NAFF of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 127 FCR 259 considered Plaintiff M61/2010 v The Commonwealth (2010) 243 CLR 319 cited Re Refugee Tribunal; ex parte Aala (2000) 204 CLR 82 considered Stead v State Government Insurance Commission (1986) 161 CLR 141 applied WZARB v Minister for Immigration & Anor [2013] FMCA 93 related