FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Multicultural and Indigenous Affairs v Applicant M1031/03 [2005] FCA 388

CORRIGENDUM

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v APPLICANT M1031/03; JANET WOOD (IN HER CAPACITY AS A MEMBER OF THE REFUGEE REVIEW TRIBUNAL); STEVE KARAS (IN HIS CAPACITY AS PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL)

VID 1448 of 2004

LANDER J

13 APRIL 2005 (CORRIGENDUM 26 APRIL 2005)

MELBOURNE

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

CORRIGENDUM

Amendments to the Reasons for Judgment of Lander J delivered on 13 April 2005.

1.         Where ‘the applicant’ is referred to in the Catchwords it is amended to read ‘the first respondent’.

2.         In paragraphs 24, 25, 26, 28, 29, 35, 51, 63, 67, 77, 90 and 91, ‘the applicant’ or ‘the applicant’s’ is amended to read ‘the first respondent’ or ‘the first respondent’s’.

3.         Paragraph 57 is amended to read:

‘It was put, however, that in this case the RRT had an obligation not to mislead the first respondent by failing to put information to him which would have allowed the first respondent to submit to the RRT that he was a member of the class of persons identified in the DFAT cables who was at risk.’

4.         In paragraph 61, where ‘the applicant’ or ‘the applicant’s’ is referred to, it is amended to read ‘an applicant’ or ‘an applicant’s’.

5.         Paragraph 62 is amended to read:

‘In those circumstances, this case does not so much concern whether there was a positive obligation on the part of the RRT to bring to the attention of the first respondent information which was favourable to that respondent but whether, in the circumstances of the case, the RRT breached its obligations to accord procedural fairness to the first respondent by failing to put the country information to which it was having regard in a balanced fashion, for the comment of the first respondent.’

Associate:

Dated:              26 April 2005