Duggal, Avtar Singh v The Minister for Immigration & Ethnic Affairs [1997] FCA 672

FEDERAL COURT OF AUSTRALIA

MIGRATION LAW - Review of decision of Refugee Review Tribunal not to grant protection visa - Whether the Tribunal had failed to correctly apply the "real chance" test - Controversy among commentators about the future course of events - Whether the Tribunal was bound to consider the events between the date of hearing and the date of the decision - Whether the Tribunal had failed to consider whether it should make its own enquiries into the authenticity of an arrest warrant - Arrest warrant did not state any offence to which it was directed - Whether the failure to enquire amounted to a breach of any obligation to act according to substantial justice and the merits of the case.

Migration Act 1958 (Cth) ss 36(2), 420(2)(b), 427(1)(d), 476(1)(a), 476(1)(e)

Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379

Minister for Immigration & Ethnic Affairs v Serjit Singh (unreported, Federal Court of Australia, Full Court, 7 May 1997)

DUGGAL v MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS

VG 930 OF 1996

JUDGE(S): NORTH J PLACE: MELBOURNE DATED: 25 JULY 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VG 930 of 1996 ) GENERAL DIVISION )

BETWEEN: AVTAR SINGH DUGGAL

Applicant

AND: THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent

JUDGE(S): NORTH J PLACE: MELBOURNE DATED: 25 JULY 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. The application is dismissed with costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VG 930 of 1996 ) GENERAL DIVISION )