NADG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 893
Reconstitution of the Refugee Review Tribunal under s 422 of the Migration Act 1958 does not require that an applicant be given a second opportunity to appear and give evidence where the applicant has previously appeared and given evidence. No breach of procedural fairness occurred in this case, and no ground for review was established.
- Jurisdiction
- Australia
- Judgment Date
- 19 July 2002
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- dismissed
- Legal Topics
- ['refugee Protection Visa' 'procedural Fairness' 'legal Practitioner Duties' 'tribunal Procedure']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 ['Whether reconstitution of the Refugee Review Tribunal requires the applicant be given another opportunity to appear and give evidence' 'Whether the Refugee Review Tribunal denied procedural fairness in its process' 'Whether a legal practitioner has a duty to disclose to the court assistance provided to a litigant, including document drafting']
Ratio Decidendi
Reconstitution of the Refugee Review Tribunal under s 422 of the Migration Act 1958 does not require that an applicant be given a second opportunity to appear and give evidence where the applicant has previously appeared and given evidence. No breach of procedural fairness occurred in this case, and no ground for review was established.
Court Disposition
dismissed
Orders
- ['The application be dismissed.' "The applicant pay the respondents' costs."]
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