Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MIGRATION - application for judicial review of Refugee Review Tribunal decision refusing grant of a protection visa – applicant citizen of India – alleged fear of persecution by reason of membership of political party – whether Tribunal drew proper inferences from the evidence before it – relationship between the process of drawing inferences and 476 of the Migration Act 1958 (Cth) – whether failure to rationally consider evidence resulted in a failure to act according to substantial justice and the merits of the case. Migration Act 1958 (Cth) ss 420, 476 Eshetu v Minister for Immigration and Multicultural Affairs (1997) 145 ALR 621 Nguyen v Minister for Immigration and Multicultural Affairs (1997) 44 ALD 595 Inderjit Singh v Minister for Immigration and Multicultural Affairs (unreported, Weinberg J, 29 October 1998) ASWIN CHADDA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 544 of 1998 MOORE J 30 NOVEMBER 1998 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 544 of 1998
BETWEEN: ASWIN CHADDA
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: MOORE J
DATE OF ORDER: 30 NOVEMBER 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal is set aside. 2. The matter is remitted to the Refugee Review Tribunal to be heard according to law. 3. The Minister pay half of the applicant's costs of the application. 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 544 of 1998
BETWEEN: ASWIN CHADDA
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
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