Kumar v Minister for Immigration & Multicultural Affairs [1999] FCA 156

FEDERAL COURT OF AUSTRALIA

Kumar v Minister for Immigration & Multicultural Affairs [1999] FCA 156 IMMIGRATION – refugees – applications for protection visas – well-founded fear of persecution by reason of race – whether Tribunal failed to apply properly the requisite subjective and objective tests – whether Tribunal erred in not specifically asking applicant wife why original application did not make claim later relied on as primary reason for application – whether Tribunal erred in not putting to applicant every item of material or possible adverse inference

Migration Act 1958 s 6, s 420(2)(b), s 475(1)(b), s 476(1)(a) and (e)

Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 followed Briginshaw v Briginshaw (1938) 60 CLR 336 considered Minister for Immigration and Ethnic Affairs v Guo (1997) 144 ALR 567 followed Uma Chand v Minister for Immigration and Ethnic Affairs (unreported, von Doussa, Moore & Sackville JJ, 7 November 1997) followed Cornwell v Commissioner of Australian Federal Police (1990) 24 FCR 544 considered Gurjit Singh v Minister for Immigration and Multicultural Affairs (unreported, Tamberlin J, 14 November 1997) referred Selvadurai v Minister for Immigration and Ethnic Affairs (1994) 34 ALD 347 referred Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300 referred Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505 referred John Meadows & Anor v Minister for Immigration and Multicultural Affairs (unreported, Einfield, von Doussa and Merkel JJ, 23 December 1998) referred RAJESH KUMAR & ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 172 of 1998 KENNY J

MELBOURNE 26 FEBRUARY 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 172 OF 1998

BETWEEN: RAJESH KUMAR