Meadows, John & Anor v Minister for Immigration & Multicultural Affairs [1998] FCA 1706

FEDERAL COURT OF AUSTRALIA

MIGRATION – findings on credibility – improper approach to the question of fabrication of evidence – failure of the Tribunal to afford the applicants an adequate opportunity to meet an assertion of fraud – whether the Tribunal failed to observe procedures or erred in law

Migration Act 1959 (Cth) s476(1)(a) & (e)

Briginshaw v Briginshaw [1938] 60 CLR 336 Chan v Minister for Immigration & Ethnic Affairs [1989] 169 CLR 379 Eshetu v Minister for Immigration & Multicultural Affairs [1997] 71 FCR 300

Minister for Immigration & Ethnic Affairs v Guo [1997] 144 ALR 567 Velmurugu v Minister for Immigration & Ethnic Affairs [1997] 48 ALD 193

Emiantor v Minister for Immigration & Multicultural Affairs [1997] 48 ALD 635

Browne & Dunn [1894] LR 67 (HL)

JOHN MEADOWS & SORNAWATHY MEADOWS V THE MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

VG 751 of 1997

EINFELD, VON DOUSSA, MERKEL JJ

MELBOURNE

23 december 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 751 of 1997

GENERAL DIVISION

BETWEEN: JOHN MEADOWS

First AppElLant

SORNAWATHY MEADOWS

Second AppElLant

AND: THE MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

JUDGES: EINFELD, VON DOUSSA, MERKEL JJ

DATE OF ORDER: 23 december 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be upheld

2. The appellants' applications for protection visas be remitted to the Tribunal for rehearing by a different member

3. The respondent pay the appellants' costs

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.