WAFV of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs

(2003) 198 ALR 59; [2003] FCAFC 240

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Interrogate

Catchwords

1. Immigration
2. › Refugees
3. › Protection visa
4. › Review by Refugee Review Tribunal
5. › Procedural fairness
6. › Failure to provide linguistic analysis tape and report to applicant
7. › Whether breach of procedural fairness
8. › Whether breach could have affected outcome
9. › Alternative independent basis for decision
10. › Whether alternative basis tainted by adverse credibility finding
1. Administrative Law
2. › Procedural fairness
3. › Natural justice
4. › Right to respond to adverse material
5. › Failure to disclose material relied upon
6. › Whether breach of procedural fairness could not have made any difference to the decision
7. › Whether alternative basis for decision independent of tainted finding
1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Breach of natural justice as jurisdictional error
5. › Effect of Plaintiff S157/2002 v Commonwealth

Quick Take

Where a Tribunal decision rests on two bases — one tainted by procedural unfairness and one based on independent country information — the decision may stand if the alternative basis is truly independent and unaffected by the adverse credibility finding. However, the question of whether an adverse credibility finding taints an alternative basis is fact-dependent and was the subject of disagreement in this case. A finding made in breach of procedural fairness should not be relied upon in the ongoing administrative treatment of the person affected.