Singh, Lakhbir v The Minister for Immigration & Multicultural Affairs [1997] FCA 205

CATCHWORDS IMMIGRATION - review of decision of Refugee Review Tribunal not to grant a protection visa - failure to identify any provision requiring the establishment of a particular matter under s 476(4)(a) - observations or comments not amounting to findings of fact under s 476(4)(b) - allegation of 'substantial injustice' contrary to s 420 in conducting interview - allegation not made out - no need to decide if such breach amounts to failure to observe procedures under s 476(1)(a) - application dismissed. Migration Act 1958 ss 420, 420(2)(b), 476(1)(a), 476(1)(e), 476(1)(g), 476(2)(a) and 476(4) Handbook on Procedures and Criteria for Determining Refugee Status, Office of the United Nations High Commissioner for Refugees, January 1992 Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989-1990) 169 CLR 379 Xiang Sheng Li v Refugee Review Tribunal (Sackville J, 23 August 1996, unreported) Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 Eshetu v Minister for Immigration and Ethnic Affairs (Hill J, 31 January 1997, unreported) Velmurugu v Minister for Immigration and Ethnic Affairs (Olney J, 23 May 1996, unreported) Wannakuwattewa v Minister for Immigration and Ethnic Affairs (North J, 24 June 1996, unreported) Zakinov v Gibson (North J, 26 July 1996, unreported) No SG 30 of 1996 LAKHBIR SINGH v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Mansfield J Adelaide 4 April 1997

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 30 of 1996 ) GENERAL DIVISION ) BETWEEN: LAKHBIR SINGH Applicant - and - THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent MINUTES OF ORDER CORAM: Mansfield J PLACE: Adelaide DATE: 4 April 1997

THE COURT ORDERS THAT: 1. The application be dismissed.

2. The applicant is to pay the Minister's costs of the application to be taxed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.