Mehrok, Yadwinder Singh v Minister for Immigration & Multicultural Affairs [1998] FCA 812

FEDERAL COURT OF AUSTRALIA

MIGRATION – judicial review – whether procedures required to be observed in connection with the making of the decision were observed – whether the decision involved an error of law, being an error involving an incorrect interpretation of the applicable law or an incorrect application of the law to the facts as found – whether review is available in circumstances where Tribunal misapprehended evidence and as a result made a finding not open on material before it – judicial review of decision distinguished from merits review. Migration Act 1958 (Cth), ss 36(2), 420, 476(1)(a), 476(1)(e)

Thambythurai v Minister for Immigration and Multicultural Affairs, (Finkelstein J, 16 September 1997, unreported), cited Holloway v McFeeters (1956) 94 CLR 470, cited Jones v Dunkel (1959) 101 CLR 298, cited Epeabaka v Minister for Immigration and Multicultural Affairs (1997) 150 ALR 397, cited Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300, cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, cited

YADWINDER SINGH MEHROK v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

NG 34 of 1998

LEHANE J SYDNEY 14 JULY 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 34 of 1998

BETWEEN: YADWINDER SINGH MEHROK

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

JUDGE: LEHANE J

DATE OF ORDER: 14 JULY 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal is affirmed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 34 of 1998