Singh, Inderjit v Minister for Immigration & Multicultural Affairs [1998] FCA 1366

FEDERAL COURT OF AUSTRALIA

MIGRATION LAW – review of decision of Refugee Review Tribunal – well founded fear of persecution – whether Tribunal failed to act according to substantial justice and merits of the case – findings of credibility by Tribunal based on fundamental misconceptions – failure of Tribunal to identify its reasons for its findings – failure rationally to consider probative evidence. Migration Act 1958, ss 36(2), 420, 475(1)(b), 476.

Migration Regulations, Schd 2, Pt 866.221. Minister for Immigration and Ethnic Affairs v Singh (1997) 142 ALR 191 Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 Minister for Immigration and Ethnic Affairs v Guo (1997) 144 ALR 567 Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300 Drekevutu v Minister for Immigration and Ethnic Affairs (1997) 77 FCR 248 Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505 Velmurugu v Minister for Immigration and Ethnic Affairs (1997) 48 ALD 193 Amarjeet Singh v Minister for Immigration and Multicultural Affairs (unreported, Federal Court, Beaumont J, 8 September 1998) Kopalapillai v Minister for Immigration and Multicultural Affairs (unreported, Full Court, Federal Court, 8 September 1998) Kathiresan v Minister for Immigration and Multicultural Affairs (unreported, Federal Court, Gray J, 4 March 1998) Nominal Defendant v Clements (1960) 104 CLR 476 Wentworth v Rogers (No 10) (1987) 8 NSWLR 398 Son v Minister for Immigration and Multicultural Affairs (unreported, Federal Court, Hely J, 19 October 1998) Ahmad v Minister for Immigration and Multicultural Affairs (unreported, Federal Court, Sundberg J, 20 May 1997) Abdalla v Minister for Immigration and Multicultural Affairs (unreported, Full Court, Federal Court, 20 August 1998) Morales v Minister for Immigration and Ethnic Affairs (1995) 60 FCR 550 Singh v Bolkus (1996) 42 ALD 239 Rahim v Minister for Immigration and Ethnic Affairs (1997) 78 FCR 223 Ranatora v Minister for Immigration and Multicultural Affairs (1998) 154 ALR 693 Kumaraperu v Minister for Immigration and Multicultural Affairs (unreported, Federal Court, Weinberg J, 22 October 1998) Nguyen v Minister for Immigration and Multicultural Affairs (unreported, Federal Court, Merkel J, 16 October 1998) Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Attorney-General (NSW) v Quin (1990) 170 CLR 1 Epeabaka v Minister for Immigration and Multicultural Affairs (1997) 150 ALR 397 Re Pochi and Minister for Immigration and Ethnic Affairs (1979) 26 ALR 247 Minister for Immigration and Ethnic Affairs v Pochi (1980) 31 ALR 666 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Roads Corporation v Dacakis [1995] 2 VR 508 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Emiantor v Minister for Immigration and Multicultural Affairs (1997) 48 ALD 635 Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 Abalos v Australian Postal Commission (1990) 171 CLR 167 RRT Reference N96/12496 (18 April 1998) INDERJIT SINGH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 89 OF 1998 WEINBERG J MELBOURNE 29 OCTOBER 1998