Mumtaz, K.K. v Newson, M. & Anor Mumtaz, S. v The Minister for Immigration & Ethnic Affairs [1995] FCA 517

CATCHWORDS IMMIGRATION - holders of Permanent Resident Entry Permits becoming illegal entrants by reason of having made statements that were "false or misleading in a material particular" in respect of the grant of their entry permits - statement that applicants had transferred to Australia over stated period funds of $782,000 in cash, goods and personal effects - statement that applicants had an asset in form of loan to proprietary company - statement that applicants were in a "solid partnership" with third party - statement that applicants employed three commission agents in New South Wales - statement by female applicant that she had never worked in Australia - onus of proof that statement false or misleading in a material particular - standard of proof required - proof of a negative by Minister - approach to evidence where proof of a negative required. EVIDENCE - onus of proof - standard of proof - legal burden and evidential burden - proof of negative. Migration Act 1958 (Cth), ss 14, 20, 35. Migration Regulation 47 KAURA KAHN MUMTAZ v MIKE NEWSON & ANOR No NG 934 of 1993 SAEEDA MUMTAZ v THE MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS No NG 185 of 1994 Lindgren J Sydney 18 July 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No NG 934 of 1993 GENERAL DIVISION ) BETWEEN: KAURA KAHN MUMTAZ Applicant AND: MIKE NEWSON First Respondent THE MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS Second Respondent No NG 185 of 1994 BETWEEN: SAEEDA MUMTAZ Applicant AND: THE MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS Respondent CORAM: Lindgren J PLACE: Sydney DATE: 18 July 1995