Applicant S416 of 2003 v Refugee Review Tribunal

REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 In this matter the Court is asked to make orders by consent making absolute orders nisi, the relevant effect of which, would be to quash the decision of the first respondent handed down on 22 October 2002. I am satisfied that it is a proper matter in which to make the consent orders. 2 Counsel for the respondent Minister has explained that the reason that the second respondent consents to the orders is a relevantly narrow one and it is that certain 'country information' which the Tribunal Member relied upon as casting doubt on a claim by the applicant that his uncle held a certain position in relation to a religiously based political party, namely JIB, was not brought to the attention of the applicant, nor was he given a chance to comment on the information. 3 There may well have been other reasons which the applicant would have wished to urge as to why the Tribunal Member's decision should be quashed. I am aware, for example, that certain material was sent to the authorities on a confidential basis, making serious allegations against the applicant. I upheld a claim for public interest immunity, made by the Minister, against a requirement that the relevant documents making allegations should be produced to the applicant's legal advisers. The nature of that material, it seems to me, was such that it might well give rise to a claim that if a Member of the Tribunal were to look at it and not show it to the applicant or apprise him of sufficient of the substance as to enable him to deal with it for fear of compromising the identity of the informant, among other things that could give rise to a claim of apprehended bias on the part of the Tribunal Member. It therefore seems to me that in order to forestall, so far as possible, any such dispute, it would be desirable upon the remitter of the matter to the Tribunal for re-consideration according to law that the President of the Tribunal should, with the benefit of legal advice, give the matter his consideration. 4 The other issue shortly debated was that of costs and, for reasons explained in the transcript, the order I will make, not by consent, is simply that the second respondent pay the costs of the applicant in relation to the proceedings. Otherwise, I will make orders in accordance with paras 1, 2 and 3 of the short minutes of order. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick.