Applicant A74/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 696

Applicant A74/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 696

The applicants failed to provide evidence establishing that the Tribunal relied on adverse information without giving them notice or an opportunity to respond. The Court was not prepared to infer procedural unfairness merely from the migration agent's affidavit and the Tribunal's reliance on post-delegate country information. The 2001 rebellion had been raised by the applicants and was properly dealt with, and the remaining information was similar in character to and on the continuum of the country information used by the delegate. Accordingly no denial of procedural fairness was established and the application was dismissed.

Jurisdiction
Australia
Judgment Date
09 July 2003
Procedural Posture
Judicial Review of Refugee Review Tribunal Decisions Affirming Decisions Not to Grant Protection Visas / Amended Application Remitted From the High Court; Respondent Minister's Strike Out Motion Was Not Decided and the Substantive Application Was Determined
Outcome
Application dismissed; consideration of costs adjourned to a date to be fixed.
Legal Topics
['procedural Fairness' 'natural Justice' 'refugee Review Tribunal' 'protection Visas' 'muin Challenge' 'country Information' 'adverse Information' 'factual Substratum']
['administrative Law' 'immigration and Refugee Law'] ['procedural Fairness' 'natural Justice' 'refugee Review Tribunal' 'protection Visas' 'muin Challenge' 'country Information' 'adverse Information' 'factual Substratum']

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Procedural Posture

Judicial Review of Refugee Review Tribunal Decisions Affirming Decisions Not to Grant Protection Visas / Amended Application Remitted From the High Court; Respondent Minister's Strike Out Motion Was Not Decided and the Substantive Application Was Determined

Legal Issues

  1. 1 ['Whether the applicants established a factual substratum for a Muin procedural fairness challenge concerning Part B documents' 'Whether the Tribunal denied procedural fairness by taking into account adverse country information not before the delegate without notice or an opportunity to respond' "Whether the application should be dismissed notwithstanding the respondent Minister's motion to strike out under O 20 r 2(1)(a) of the Federal Court Rules"]

Ratio Decidendi

The applicants failed to provide evidence establishing that the Tribunal relied on adverse information without giving them notice or an opportunity to respond. The Court was not prepared to infer procedural unfairness merely from the migration agent's affidavit and the Tribunal's reliance on post-delegate country information. The 2001 rebellion had been raised by the applicants and was properly dealt with, and the remaining information was similar in character to and on the continuum of the country information used by the delegate. Accordingly no denial of procedural fairness was established and the application was dismissed.

Court Disposition

Application dismissed; consideration of costs adjourned to a date to be fixed.

Orders

  • ['The application be dismissed.' 'The consideration of costs be adjourned to a date to be fixed.']