Patel v Minister for Immigration & Multicutural Affairs [2000] FCA 192

FEDERAL COURT OF AUSTRALIA

Patel v Minister for Immigration & Multicultural Affairs [2000] FCA 192 MIGRATION – application to review decision of the Refugee Review Tribunal – alleged errors of law, failure to comply with s 430(1)(c) and (d) and failure to act according to substantial justice and merits of case – claim in substance one for merits review. Migration Act 1958 (Cth), Part 8, s 420(2)(b), s 430, s 430(1), s 430(1)(c), s 430(1)(d), s 476, s 476(3) Comcare Australia v Lees (1997) 151 ALR 647 referred Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719 referred Re The Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1 referred Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 referred Abebe v Commonwealth (1999) 162 ALR 1 referred Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 84 FCR 411 referred Minister for Immigration and Multicultural Affairs v Yusuf [1999] FCA 1681 referred Xu v Minister for Immigration and Multicultural Affairs [1999] FCA 1741 referred Yelda v Minister for Immigration and Multicultural Affairs [1999] FCA 1841 referred Gedik v Minister for Immigration and Multicultural Affairs [1999] FCA 778 referred PRAFULCHANDRA JASHBHAI PATEL & ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N744 of 1999 FINN J 2 MARCH 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 744 OF 1999

BETWEEN: PRAFULCHANDRA JASHBHAI PATEL

First Applicant

SUNITA PRATFUL PATEL

Second Applicant

KESHABEN PRAFULCHANDRA PATEL

Third Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS