S1506 of 2003 v Minister for Immigration & Multicultural Affairs [2006] FCA 1573

S1506 of 2003 v Minister for Immigration & Multicultural Affairs [2006] FCA 1573

No breach of procedural fairness was shown because the appellant did not indicate what response he would have made to the independent country information had it been put to him, and thus no practical injustice occurred.

Parties
Appellant: S1506 of 2003; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
24 November 2006
Procedural Posture
Appeal / Judgment on Appeal From Federal Magistrates Court
Outcome
appeal dismissed
Legal Topics
Protection Visa, Refugee Review, Procedural Fairness, Country Information, Judicial Review
Migration Law Protection Visa Refugee Review Procedural Fairness Country Information Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

S1506 of 2003

Appellant

Minister for Immigration and Multicultural Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Magistrates Court

Legal Issues

  1. 1 Whether the Tribunal failed to provide procedural fairness by not disclosing independent country information relied upon to the appellant
  2. 2 Whether practical injustice occurred

Ratio Decidendi

No breach of procedural fairness was shown because the appellant did not indicate what response he would have made to the independent country information had it been put to him, and thus no practical injustice occurred.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant pay the first respondent's costs of the appeal.