Khan, Daniel Rashid v Minister for Immigration & Multicultural Affairs & Anor [1997] FCA 717

FEDERAL COURT OF AUSTRALIA

IMMIGRATION - application for protection visa refused - applicant made a further claim after hearing but before Tribunal delivered decision - applicant submitted further evidence but did not ask for an oral hearing - whether failure to give applicant oral hearing on further claim was a breach of s 420(2) Migration Act 1958: ss 420, 475, 476 Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1990) 169 CLR 379 Dai Xing Yao v Minister for Immigration & Ethnic Affairs, unreported, 18 September 1996, (Davies J) Eshetu v Minister for Immigration & Multicultural Affairs, unreported, 10 July 1997, (Davies, Burchett & Whitlam JJ) Heshmati v Minister for Immigration, Local Government & Ethnic Affairs (1991) 31 FCR 123 Minister for Immigration & Ethnic Affairs v Singh (1997) 142 ALR 191 Sarbjit Singh v Minister for Immigration and Ethnic Affairs, unreported, 18 October 1996, (Lockhart J) Somaghi v Minister for Immigration, Local Government & Ethnic Affairs (1991) 31 FCR 100 DANIEL RASHID KHAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS and JILL TOOHEY, CONSTITUTING THE REFUGEE REVIEW TRIBUNAL G 588 of 1996 LOCKHART J SYDNEY 4 AUGUST 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) G 588 of 1996 ) GENERAL DIVISION )

BETWEEN: DANIEL RASHID KHAN

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JILL TOOHEY, CONSTITUTING THE REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE(S): LOCKHART J PLACE: SYDNEY DATED: 4 AUGUST 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs of the proceeding, including reserved costs, if any. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.