Jama v Minister for Immigration & Multicultural Affairs [2000] FCA 524

FEDERAL COURT OF AUSTRALIA

Jama v Minister for Immigration & Multicultural Affairs [2000] FCA 524 MIGRATION – application for judicial review of a decision of the Refugee Review Tribunal to affirm a decision of a delegate of the Minister not to grant protection visas to the applicant and eight children who accompanied her to Australia – false representation allegedly made to immigration officials as to the identity of the applicant and the children - whether the decision of the Tribunal was thereby "induced or affected by fraud" within the meaning of s 476(1)(f) of the Migration Act 1958 (Cth) – whether the false representation was fraudulently or innocently made – whether, for the purposes of s 476(1)(f), it must be established that the decision was "induced" by fraud or whether it is sufficient to show that it was "affected" by fraud – whether, if the false representation in the present case was fraudulently made, the decision of the Tribunal could be said to have been "induced or affected by" that fraud – whether, even if the Tribunal's conclusion as to the identity of the applicant was induced or affected by fraud, its overall decision was not so induced or affected because it disbelieved the applicant's claims to fear persecution for Convention reasons

WORDS AND PHRASES – "induced or affected by fraud"

Migration Act 1958 (Cth), s 476(1)(f)

Briginshaw v Briginshaw (1938) 60 CLR 336, referred to Wati v Minister for Immigration and Ethnic Affairs (1996) 71 FCR 103, followed Peters v The Queen (1998) 192 CLR 493, referred to Wentworth v Rogers (No 5) (1986) 6 NSWLR 534, distinguished Monroe Schneider Associates (Inc) v No 1 Raberem Pty Ltd (No 2) (1992) 37 FCR 234, distinguished AMINA HUSSEIN JAMA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1489 OF 1999 LEHANE J 20 APRIL 2000 SYDNEY