Singh, Sohan v Minister for Immigration & Multicultural Affairs [1997] FCA 440

CATCHWORDS MIGRATION - whether, by virtue of s 420 of the Migration Act 1958, the Refugee Review Tribunal is required in certain circumstances to follow the procedure of investigating or causing investigations as to the validity of documents - whether failure to do so amounts to a failure to observe procedures pursuant to s 476(1)(a) of the Act - whether to give the applicant the benefit of any doubt is a procedural obligation under s 420 and failure to do so amounts to breach of s 476(1)(a) - if a procedural failure amounts to a failure to accord natural justice, whether it is open to judicial review. Migration Act 1958 ss 420, 476(1)(a) and 476(2)(a) The Law of Refugee Status, Hathaway, Butterworths Canada Ltd, 1991 Handbook on Procedures and Criteria for Determining Refugee Status, Office of the United Nations High Commissioner for Refugees, Geneva, January 1992 Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Minister for Immigration and Ethnic Affairs v Surjit Singh (Full Court, Federal Court of Australia, 7 May 1997, unreported) Minister for Immigration and Ethnic Affairs v Jagjit Singh (Full Court, Federal Court of Australia, 7 May 1997, unreported) Jaspal Singh Garcha v The Minister for Immigration and Multicultural Affairs (Mansfield J, 29 May 1997, unreported) Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 Luu v Renevier (1989) 91 ALR 39 Tickner v Bropho (1993) 40 FCR 183 Teoh v Minister for Immigration and Ethnic Affairs (1994) 49 FCR 409 Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Thanh Phat Ma v Billings (1997) 142 ALR 158 Dai Xing Yao v Minister for Immigration and Ethnic Affairs (Sackville J, 17 April 1997, unreported) Mohideen v Minister for Immigration and Multicultural Affairs (Olney J, 17 April 1997, unreported) No SG 117 of 1995 SOHAN SINGH v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Mansfield J Adelaide 29 May 1997