Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mohammad v Minister for Immigration & Multicultural Affairs
[1999] FCA 508
MIGRATION - application for review of Refugee Review Tribunal decision refusing grant of a protection visa - applicant citizen of Bangladesh who claimed fear of persecution for reasons of political opinion - Tribunal did not accept the applicant's account of his prior experiences in Bangladesh because he provided no documentary material corroborating them – Tribunal not willing to provide applicant further opportunity to submit such evidence - proper approach to the issue of credibility - whether approach of Tribunal involved a failure to act according to substantial justice.
Migration Act 1958 (Cth) s 420(2)(b) Careem v Minister for Immigration & Multicultural Affairs [1999] FCA 378, followed Warnakulasuriya v Minister for Immigration & Multicultural Affairs [1998] FCA 336, cited Meadows v Minister for Immigration & Multicultural Affairs [1998] FCA 1706, considered
ELIAS KANCHAN MOHAMMAD v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS NG 1307 OF 1998 MOORE J 28 APRIL 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1307 OF 1998
BETWEEN: ELIAS KANCHAN MOHAMMAD
Applicant
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
Respondent
JUDGE: MOORE J
DATE OF ORDER: 28 APRIL 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The decision of the Tribunal is set aside. 2. The matter is remitted to the Tribunal for further hearing. 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 1307 OF 1998
BETWEEN: ELIAS KANCHAN MOHAMMAD
Applicant
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate