WABY v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1091

WABY v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1091

The appeal was dismissed because the appellant failed to identify any information of the kind required to be furnished under s 424A. The country information was general and excluded by s 424A(3)(a), while Mr Davoodi's evidence was given on behalf of the appellant for the purpose of the application and excluded by s 424A(3)(b). The Tribunal was not required to provide the appellant with its reasoning process or proposed conclusions about that evidence before making its decision, and no procedural fairness breach or reviewable error was shown.

Jurisdiction
Australia
Judgment Date
06 September 2002
Procedural Posture
Migration Appeal From the Federal Magistrates Court of Australia / Appeal Against Dismissal of Application for Review of Refugee Review Tribunal Decision Affirming Refusal of Protection Visa
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'migration Act 1958 (cth) S 424 A' 'country Information' 'reasons and Particulars']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'migration Act 1958 (cth) S 424 A' 'country Information' 'reasons and Particulars']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Magistrates Court of Australia / Appeal Against Dismissal of Application for Review of Refugee Review Tribunal Decision Affirming Refusal of Protection Visa

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal breached s 424A of the Migration Act 1958 (Cth) by failing to furnish written particulars of information relied on to affirm the decision under review.' 'Whether general country information about economic circumstances in Iran had to be particularised under s 424A.' "Whether the Tribunal was required to give particulars of, or disclose its proposed reasoning about, the evidence of the appellant's witness Mr Ali Reza Davoodi." 'Whether the Federal Magistrate erred in not finding a breach of common law procedural fairness.']

Ratio Decidendi

The appeal was dismissed because the appellant failed to identify any information of the kind required to be furnished under s 424A. The country information was general and excluded by s 424A(3)(a), while Mr Davoodi's evidence was given on behalf of the appellant for the purpose of the application and excluded by s 424A(3)(b). The Tribunal was not required to provide the appellant with its reasoning process or proposed conclusions about that evidence before making its decision, and no procedural fairness breach or reviewable error was shown.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed.' "The appellant pay the respondent's costs."]