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

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE AND HEYDON JJAPPLICANT VEAL OF 2002  APPELLANTANDMINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ANOR  RESPONDENTSApplicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 726 December 2005M16/2005ORDER1.        Appeal allowed with costs.2.Set aside the orders of the Full Court of the Federal Court made on 9 July 2004 and, in their place, order that the appeal to that Court be dismissed with costs.On appeal from the Federal Court of AustraliaRepresentation:D S Mortimer SC with R M Niall for the appellant (instructed by Victoria Legal Aid)A L Cavanough QC with J D Pizer for the first respondent (instructed by Australian Government Solicitor)No appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSApplicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs 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...