Applicant NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs

Immigration – Refugees – Refugee Review Tribunal – Decision – Judicial review – Procedural fairness – Non-compliance with statutory duties – Tribunal concerned by inconsistencies in applicant's evidence at oral hearing – Tribunal said it would give the applicant a chance to respond in writing to its concerns – Whether Tribunal's failure to do so involved a failure to complete the review process – Whether failure involved a breach of the duty to conduct a review under s 414(1) of the Migration Act 1958 (Cth) – Whether failure involved a breach of the duty to hear from the applicant under s 425(1) – Whether reviewable error where absence of evidence from the applicant about effect of failure.

Migration Act 1958 (Cth) – ss 56, 414(1), 415(1), 425(1), 427(1)(b), 420, Pt 7 Divs 2-7A.