Polat, Resmiye & Ors v Minster for Immigration & Multicultural Affairs [1998] FCA 267

FEDERAL COURT OF AUSTRALIA MIGRATION - review of decision of Refugee Review Tribunal ("RRT") - procedures required to by Migration Act not observed - consideration of fresh evidence in review proceedings - duty of decision maker to enquire and authenticate

Migration Act 1958 (Cth): ss 420; 427(1)(d); 476(1)(a),(e)

Sun Zhan Qui v Minister for Immigration and Multicultural Affairs (unreported, 23 December 1997, Full Court) distinguished Festum Habte v Minister for Immigration and Multicultural Affairs (unreported, 13 November 1997, Davies J) considered Shantha Karunaratna Jayasinghe v Minister for Immigration and Multicultural Affairs (unreported, 25 June 1997, Goldberg J) considered Kemal Ozberk & Ors v Minister for Immigration and Multicultural Affairs (unreported, 19 January 1998, Marshall J) considered Minister for Immigration and Ethnic Affairs v Singh (1997) 144 ALR 284 considered Balwir Singh v The Minister for Immigration and Multicultural Affairs (unreported, 14 November 1997, Full Court) considered RESMIYE POLAT & ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 264 of 1997 O'CONNOR J MELBOURNE 25 MARCH 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 264 of 1997

BETWEEN: RESMIYE POLAT

First Applicant

HASAN POLAT

Second Applicant

SINEM POLAT

Third Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: O'CONNOR J

DATE OF ORDER: 25 march 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be 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 264 of 1997