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

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

It was open to the Federal Magistrate to conclude that the part B country information documents were before the Tribunal. The Tribunal's failure to refer directly to documents B3 to B7 did not justify the requested inference because the documents were not shown to be sufficiently important; agreed facts from Muin were irrelevant and not transportable to this proceeding; and no Jones v Dunkel inference could be drawn from the Tribunal's or Department's failure to give evidence because of the protection and immunity concerning the Tribunal's decision-making process. The appellant's other grounds therefore failed.

Jurisdiction
Australia
Judgment Date
01 September 2006
Procedural Posture
Migration Appeal From Dismissal of Application for Constitutional Writs/judicial Review Concerning Refusal of a Protection Visa / Appeal From the Federal Magistrates Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'natural Justice' 'jurisdictional Error' 'country Information Documents' 'jones V Dunkel Inference' 'tribunal Immunity']
['migration' 'administrative Law' 'evidence'] ['protection Visa' 'refugee Review Tribunal' 'natural Justice' 'jurisdictional Error' 'country Information Documents' 'jones V Dunkel Inference' 'tribunal Immunity']

Case Brief

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Procedural Posture

Migration Appeal From Dismissal of Application for Constitutional Writs/judicial Review Concerning Refusal of a Protection Visa / Appeal From the Federal Magistrates Court of Australia

Legal Issues

  1. 1 ['Whether it was reasonably open to the Federal Magistrate to find that the Refugee Review Tribunal had the part B country information documents before it.' "Whether the Tribunal's failure to refer directly to documents B3 to B7 supported an inference that it did not receive or consider them." 'Whether agreed facts in Muin v Refugee Review Tribunal could be used to prove a departmental practice in this proceeding.' "Whether an adverse inference could be drawn from the Tribunal's or Department's failure to give evidence about whether the documents were provided or received."]

Ratio Decidendi

It was open to the Federal Magistrate to conclude that the part B country information documents were before the Tribunal. The Tribunal's failure to refer directly to documents B3 to B7 did not justify the requested inference because the documents were not shown to be sufficiently important; agreed facts from Muin were irrelevant and not transportable to this proceeding; and no Jones v Dunkel inference could be drawn from the Tribunal's or Department's failure to give evidence because of the protection and immunity concerning the Tribunal's decision-making process. The appellant's other grounds therefore failed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' 'The appellant pay the respondents costs of the appeal including any reserved costs, such costs to be taxed in default of agreement.']