Rahmatullah v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 200

FEDERAL COURT OF AUSTRALIA

Rahmatullah v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 200 MIGRATION – Tribunal found that appellant is not Afghani and has never resided in Afghanistan – application for one-way travel document to Afghanistan – appellant contends that Minister is bound by the decision of the Tribunal and cannot now rely on evidence contrary to its findings – distinction between the evidence before the Tribunal and evidence which is later provided to the Afghani government by the appellant – finding by primary judge that there was a real prospect of removal of the appellant in the reasonably foreseeable future Migration Act 1958 (Cth) ss 189, 196, 198 Al-Kateb v Godwin [2004] HCA 37 referred to M38/2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 199 ALR 290 followed Minister for Immigration & Multicultural & Indigenous Affairs v Al Khafaji [2004] HCA 38 referred to Minister for Immigration & Multicultural & Indigenous Affairs v Al Masri (2003) 197 ALR 241 referred to NATB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 292 referred to SPKB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 295 followed Ullah v Minister for Immigration & Multicultural Affairs [2002] FCA 60 cited

RAHMATULLAH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 17 OF 2004 SPENDER, STONE AND BENNETT JJ BRISBANE (HEARD IN ADELAIDE) 17 AUGUST 2004

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S17 OF 2004

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: RAHMATULLAH

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: SPENDER, STONE AND BENNETT JJ