Applicants S503 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1372

Applicants S503 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1372

The application failed because the applicants did not establish denial of procedural fairness or any contravention of section 424A. The affidavit did not identify or particularise any Part B material allegedly not considered by the Tribunal, and therefore did not show that the applicants were misled. The allegation about undisclosed country information also failed because the information was not identified; if it referred to the BBC reports, those reports were not adverse and, in any event, fell within the section 424A(3)(a) exception for class-based information. There was no material before the Court capable of supporting the claimed denial of procedural fairness.

Jurisdiction
Australia
Judgment Date
21 October 2004
Procedural Posture
Application for Constitutional Writs of Prohibition, Certiorari and Mandamus Concerning Refusal of Protection Visas / Federal Court Hearing After Remittal From the High Court; Final Determination
Outcome
Application dismissed with costs.
Legal Topics
['protection Visas' 'refugee Review Tribunal' 'procedural Fairness' 'constitutional Writs' 'section 424 a of the Migration Act 1958 (cth)' 'country Information' 'res Judicata, Issue Estoppel and Abuse of Process']
['migration Law' 'administrative Law' 'constitutional Law'] ['protection Visas' 'refugee Review Tribunal' 'procedural Fairness' 'constitutional Writs' 'section 424 a of the Migration Act 1958 (cth)' 'country Information' 'res Judicata, Issue Estoppel and Abuse of Process']

Case Brief

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Procedural Posture

Application for Constitutional Writs of Prohibition, Certiorari and Mandamus Concerning Refusal of Protection Visas / Federal Court Hearing After Remittal From the High Court; Final Determination

Legal Issues

  1. 1 ["Whether the Refugee Review Tribunal denied procedural fairness by failing to receive and consider relevant material in the Part B documents, contrary to the applicants' reliance on Muin v Refugee Review Tribunal (2002) 190 ALR 601." "Whether the Refugee Review Tribunal denied procedural fairness or contravened section 424A of the Migration Act 1958 (Cth) by relying on adverse country information without bringing it to the applicants' attention and giving them an opportunity to respond." 'Whether the application was precluded by res judicata, issue estoppel or abuse of process.' 'Whether any extension of time or procedural treatment of the application was required.']

Ratio Decidendi

The application failed because the applicants did not establish denial of procedural fairness or any contravention of section 424A. The affidavit did not identify or particularise any Part B material allegedly not considered by the Tribunal, and therefore did not show that the applicants were misled. The allegation about undisclosed country information also failed because the information was not identified; if it referred to the BBC reports, those reports were not adverse and, in any event, fell within the section 424A(3)(a) exception for class-based information. There was no material before the Court capable of supporting the claimed denial of procedural fairness.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs of the application."]