Dhiman v Minister for Immigration & Multicultural Affairs [2000] FCA 221

FEDERAL COURT OF AUSTRALIA

Dhiman v Minister for Immigration & Multicultural Affairs [2000] FCA 221 MIGRATION – application for protection visa – claim of well-founded fear of being persecuted for reasons of political opinion – review of decision of Refugee Review Tribunal – whether Tribunal failed to make findings on material questions of fact – whether Tribunal erroneously required corroborating evidence and imposed an onus of proof on the applicant – whether Tribunal required to ask "what if I am wrong?". Migration Act 1958 (Cth) ss 430(1), 476

Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 84 FCR 411, cited Xu v Minister for Immigration and Multicultural Affairs [1999] FCA 1741, cited Minister for Immigration and Multicultural Affairs v Yusuf [1999] FCA 1681, cited Luu v Renevier (1989) 91 ALR 39, cited Minister for Immigration and Multicultural Affairs v Singh [1997] FCA 355, cited Prasad v Minister for Immigration and Multicultural Affairs (1985) 6 FCR 155, cited Minister for Immigration and Multicultural Affairs v Guo (1997) 191 CLR 559, applied Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 160 ALR 24, applied PARVINDER DHIMAN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1135 OF 1999 SUNDBERG, KATZ and HELY JJ 8 MARCH 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1135 OF 1999

BETWEEN: PARVINDER DHIMAN

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: SUNDBERG, KATZ and HELY JJ

DATE OF ORDER: 8 MARCH 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.