IN THE FEDERAL COURT OF AUSTRALIA

[INSERT STATE] DISTRICT REGISTRY

V of 2002

B E T W E E N:

[INSERT NAME]

Applicant

- and -

REFUGEE REVIEW TRIBUNAL

First Respondent

- and -

COMMONWEALTH OF AUSTRALIA

Second Respondent

- and -

SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Third Respondent

AFFIDAVIT OF[INSERT SOLICITOR’S NAME]

On[day]of[month], 2002, I,[insert name], of[insert current street address],[insert State], Solicitor, say on oath;

1. I am the Applicant’s solicitor in this matter.

2. I make this statement from my own knowledge except where otherwise stated. Where I make it on information and belief, I am informed of the matters by the Applicant and believe those matters to be true.

3. The Applicant is the same Applicant referred to in the Refugee Review Tribunal’s decision (“the Tribunal”) dated[insert date].

4. On or about[date], the Applicant arrived in Australian territory seeking asylum having traveled from[insert origin].

5. The Applicant was placed into detention by the Australian Immigration Authorities at the[insert facility] Detention Centre in[insert State] on or about[date].

6. On or about[date], the Applicant lodged an application for refugee status with a representative the Department of Immigration and Multicultural Affairs (“the Department”).

7. On or about[date], the Applicant received a letter from the Department informing them that their departmental application for asylum had been rejected. The letter also detailed the appeal process provided by the Refugee Review Tribunal (“the Tribunal”). The Applicant decided to appeal the department’s decision.

8. On or about[date], the Applicant applied to the Tribunal for a review. The Applicant completed the relevant application forms and then submitted them on[date].

9. On or about[date], the Applicant received a letter from the Tribunal which stated, inter alia:“The Tribunal has looked at all the material relating to your application but it is not prepared to make a favourable decision on this information alone. You are now entitled to come to a hearing of the Tribunal to give oral evidence in support of your claims."

10. The Applicant elected to go before the tribunal at a hearing to pursue their claim.

11. On the basis of the letter dated[date], the Applicant assumed that the Tribunal member had perused all the material relating to their application and because of that assumption:

a) The Applicant did not arrange for further written submissions to be made to the Tribunal;

b) The Applicant did not arrange for an agent or representative to make submissions to the Tribunal respecting the contents of the documents provided to it by the Department;

c) The Applicant did not seek to place further evidence before the Tribunal;

d) The Applicant did not undertake any research nor submit any additional information, including previous decisions of the Tribunal, which had upheld applications for refugee status made by other Applicants of like background.

12. Since the Tribunal’s decision, the Applicant has taken the following steps:

a) [insert steps taken and their results]

b) [insert steps taken and their results]

13. On or about[date],the Tribunal refused the Applicant’s application for refugee status.

14. Because of the matters outlined in paragraph 9, I do not believe the Applicant was afforded an adequate opportunity to prepare for and/or to respond to the Tribunal’s concerns about their claim.

15. Thus, I do not believe the Tribunal afforded the Applicant natural justice as required by the Migration Act 1958 (Cth).

16. The Applicant is seeks an order from this court to set aside the decision and remit the Applicant’s application to the Tribunal for rehearing according to law.

SWORN by the Deponent )

at[insert place] )

before me )

_________________________

Solicitor: [insert]

Name: [insert]

Address: [insert]