Singh v Minister for Immigration & Multicultural Affairs [1999] FCA 762

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration & Multicultural Affairs [1999] FCA 762 IMMIGRATION - battered wife - refugee status considered and approved by sympathetic delegate - whether decision to grant visa made - after discussions with supervisor delegate requested case be taken from her - matter referred to a second delegate who determined not to grant the visa - decision allegedly made under dictation - second delegate allegedly functus officio - alleged error of law in considering domestic violence under the Convention

Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, applied Minister for Immigration & Multicultural Affairs v Kurtovic (1990) 21 FCR 193, distinguished Sellamuthu v Minister for Immigration & Multicultural Affairs (1999) FCA 247, distinguished Chan v Minister for Immigration & Multicultural Affairs (1989) 169 CLR 379, considered Acts Interpretation Act (Cth) 1901, ss 15AA, 33(1), 34AB(6) Migration Act (Cth) 1958, ss 31, 31(1), 31(2), 31(3), 36(1), 36(2), 47, 47(1), 47(2), 54(1), 56, 57, 63, 65(1), 66(1), 109, 116, 117, 417, 476(1)(e), 496(1), 496(3), 497(1), 497(3), 498(1), 501 Migration Regulations (Cth), Sch 2 reg 866.22 Convention Relating to the Status of Refugees 1951 Protocol Relating to the Status of Refugees 1973 Pearce & Geddes Statutory Interpretation in Australia, 4th ed Butterworths, Sydney, 1996 ANJILA DEVI SINGH & ANOR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 586 OF 1998 MADGWICK J SYDNEY 8 JUNE 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 586 OF 1998

BETWEEN: ANJILA DEVI SINGH

Applicant

ABISHEK SINGH

Second Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent