Singh v Minister for Immigration & Multicultural Affairs [1999] FCA 1234

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration & Multicultural Affairs [1999] FCA 1234 MIGRATION - whether the Tribunal failed to comply with procedure to be observed in connection with the making of the decision required by the Act contrary to s 476(1)(a) of the Act - whether s 430 prescribes procedures required to be observed in connection with the making of a decision under the Act – whether s 430 complied with. MIGRATION - application for protection visa - application for review - potential violence in the Punjab region. MIGRATION - whether Refugee Review Tribunal failed to comply with procedure required by the Migration Act 1958 (Cth) - whether the Tribunal failed to give the applicant an opportunity to appear before it to give evidence under s 425(1) of the Act. MIGRATION - whether Tribunal failed to consider evidentiary material received - whether the Tribunal failed its obligation to review the decision of the delegate under s 414. Migration Act 1958 (Cth)ss 36, 414(1), 418, 420(2), 423, 425(1)(a), 425(1)(b), 430, 476(1)(a) and 476(3)(e) Administrative Appeals Tribunal Act 1975 (Cth) s 43(2B) Minister for Immigration & Multicultural Affairs v Eshetu [1999] HCA 21 considered Steed v Minister for Immigration and Ethic Affairs (1981) ALR 620 considered Ahmed v Minister for Immigration and Multicultural Affairs [1999] FCA 811 considered Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 602 considered Ozberk v Minister for Immigration and Multicultural Affairs [1999] FCA 700 considered Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 160 ALR 24 considered Han v Minister for Immigration and Multicultural Affairs [1999] FCA 376 considered Voitenko v Minister for Immigration and Multicultural Affairs (Federal Court, Moore J, unreported, 27 August 1998) considered Kandiah v Minister for Immigration and Multicultural Affairs (Federal Court, Finn J, unreported, 3 September 1998) followed Abebe v The Commonwealth (1999) 162 ALR 1 considered Dornan v Riordan (1990) 24 FCR 564 applied Minister for Immigration and Multicultural Affairs v Wu Shan Liang (1996) 185 CLR 259 applied