Navaser v Minister for Immigration & Multicultural Affairs [2002] FCA 505

Navaser v Minister for Immigration & Multicultural Affairs [2002] FCA 505

The identity card material was information supplied by the applicant's advisers for the purpose of the application, so s 424A(3)(b) excluded the operation of s 424A and the Tribunal was not required to refer its adverse inferences or inconsistencies arising from that information back to the applicant. Any common law natural justice complaint could not found a review ground because s 476(2)(a) precluded it. The remaining matters did not establish reviewable error, and the Tribunal was entitled to proceed on the evidence before it and find that the applicant was a national of Iran rather than Iraq.

Jurisdiction
Australia
Judgment Date
29 April 2002
Procedural Posture
Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Federal Court Application Under S 476 of the Migration Act 1958 (cth); Application Dismissed
Outcome
Application dismissed
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'section 424 a Procedural Fairness' 'information Supplied by Applicant' 'judicial Review Under S 476']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'section 424 a Procedural Fairness' 'information Supplied by Applicant' 'judicial Review Under S 476']

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Procedural Posture

Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Federal Court Application Under S 476 of the Migration Act 1958 (cth); Application Dismissed

Legal Issues

  1. 1 ['Whether s 424A of the Migration Act 1958 (Cth) required the Tribunal to give the applicant particulars of adverse inferences and alleged inconsistencies arising from identity card documents supplied on his behalf after the hearing.' "Whether the Tribunal's failure to reschedule a hearing or invite submissions about those documents was a breach of procedures required by the Act." "Whether the applicant could establish reviewable error in the Tribunal's finding that he was a national of Iran rather than Iraq."]

Ratio Decidendi

The identity card material was information supplied by the applicant's advisers for the purpose of the application, so s 424A(3)(b) excluded the operation of s 424A and the Tribunal was not required to refer its adverse inferences or inconsistencies arising from that information back to the applicant. Any common law natural justice complaint could not found a review ground because s 476(2)(a) precluded it. The remaining matters did not establish reviewable error, and the Tribunal was entitled to proceed on the evidence before it and find that the applicant was a national of Iran rather than Iraq.

Court Disposition

Application dismissed

Orders

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