Kuthyar v Minister for Immigration & Multicultural Affairs [2000] FCA 110

FEDERAL COURT OF AUSTRALIA

Kuthyar v Minister for Immigration & Multicultural Affairs [2000] FCA 110 MIGRATION – Hindu from Kashmir – application for a protection visa – fear of persecution because of applicant's past association with Muslim militants, because he is a Hindu from Kashmir, because his parents were killed by Muslim separatists, because he was forcibly converted to Islam and circumcised, and because of his HIV infection – whether the Refugee Review Tribunal failed to set out findings on material questions of fact and to refer to the evidence or any other material upon which its findings of fact were based

Migration Act 1958 (Cth) ss 476(1)(a), 430(1)(c), 430(1)(d) Applicant A v Minister for Immigration and Ethnic Affairs [1997] 190 CLR 225; 142 ALR 331, approved Minister for Immigration & Multicultural Affairs v Eshetu [1999] 162 ALR 577, approved Minister for Immigration and Multicultural Affairs v Sarrazola [1999] 166 ALR 641, applied Chokov v Minister for Immigration and Multicultural Affairs [1999] FCA 823, applied AAA v Minister for Immigration and Multicultural Affairs [1999] FCA 1699, referred to Minister for Immigration and Multicultural Affairs v Zamora [1998] 51 ALD 1, approved DEEPAK KUTHYAR v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1029 OF 1999 EINFELD J 11 FEBRUARY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1029 OF 1999

BETWEEN: DEEPAK KUTHYAR

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: EINFELD J

DATE OF ORDER: 11 FEBRUARY 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the application for judicial review be allowed 2. the decision of the Tribunal be set aside and the matter be remitted to a differently constituted Tribunal for a fresh hearing 3. the respondent pay the applicant's costs Note: Settlement and entry of orders are dealt with in Order 36 of the Federal Court Rules.