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

[2005] HCA 72
Judgment date
Case number
M16/2005
Before
Gleeson CJ, Gummow, Kirby, Hayne, Heydon JJ
Catchwords

Immigration – Application for protection visa - Decision of Refugee Review Tribunal - Procedural fairness - Where Tribunal reviewed an unsolicited letter received by the Department of Immigration and Multicultural and Indigenous Affairs, which made allegations against the appellant - Where Tribunal did not inform the appellant of the existence of the letter or its contents - Where Tribunal affirmed decision under review and said that in reaching its decision it gave no weight to the letter - Whether procedural fairness required the Tribunal to inform the appellant of the existence of the letter or its contents.

Words and phrases – "procedural fairness", "credible, relevant and significant".

Migration Act 1958 (Cth) – ss 418(3), 424A, 438.

Files
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