Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 845

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 845

MIGRATION – Application for protection visa – Review of decision of Refugee Review Tribunal refusing visa – Whether failure to comply with s 430(1) of Migration Act 1958 gives rise to ground of review pursuant to s 476(1)(a) – Whether requirements of s 430(1) are "procedures ... to be observed in connection with the making of the decision" – Requirement that Tribunal set out findings on material questions of fact – Whether materiality a question for Tribunal or for determination objectively by Court – Whether obligation to set out findings and refer to material on which findings based requires Tribunal to give reasons for rejecting or attaching no weight to material contrary to its findings – Content of obligation to set out reasons for decision

Migration Act 1958 ss 430(1), 476(1)(a)

Paramananthan v Minister for Immigration & Multicultural Affairs (1998) 160 ALR 24 considered Logenthiran v Minister for Immigration & Multicultural Affairs [1998] FCA 1691 considered Perampalam v Minister for Immigration & Multicultural Affairs [1999] FCA 165 considered Thevendram v Minister for Immigration & Multicultural Affairs [1999] FCA 182 considered Ahmed v Minister for Immigration & Multicultural Affairs [1999] FCA 811 approved Addo v Minister for Immigration & Multicultural Affairs [1999] FCA 940 approved Sivaram v Minister for Immigration & Multicultural Affairs [1999] FCA 1740 considered Xu v Minister for Immigration & Multicultural Affairs [1999] FCA 1741 not followed Doss v Minister for Immigration & Multicultural Affairs [1999] FCA 1780 approved Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 considered Minister for Immigration & Multicultural Affairs v Yusuf [1999] FCA 1681 approved Nguyen v Nguyen (1990) 169 CLR 245 cited Transurban City Link Ltd v Allan (1999) 168 ALR 687 cited Re Bolton; Ex parte Beane (1987) 162 CLR 514 cited Newcastle City Council v GIO General Limited (1997) 191 CLR 85 cited Minister for Immigration & Multicultural Affairs v Eshetu (1999) 162 ALR 577 cited Sellamuthu v Minister for Immigration & Multicultural Affairs [1999] FCA 247 approved Minister for Immigration & Ethnic Affairs v Taveli (1990) 23 FCR 162 approved Dalton v Deputy Federal Commissioner of Taxation (1986) 160 CLR 246 cited Our Town FM Pty Ltd v Australian Broadcasting Tribunal (1987) 16 FCR 465 approved Comcare Australia v Lees (1997) 151 ALR 647 cited Commonwealth v Pharmacy Guild of Australia (1989) 91 ALR 65 cited Lamb v Moss (1983) 49 ALR 533 cited Nguyen v Minister for Immigration & Multicultural Affairs (1998) 158 ALR 639 cited Dornan v Riordan (1990) 24 FCR 564 cited Demur v Minister for Immigration &Multicultural Affairs [1998] FCA 1308 considered Re Poyser and Mills' Arbitration [1964] 2 QB 467 considered Arudselvan v Minister for Immigration &Multicultural Affairs [1999] FCA 1726 approved Muralidharan v Minister for Immigration & Ethnic Affairs (1996) 62 FCR 402 cited Dodds v Comcare Australia (1993) 31 ALD 690 cited MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v BALJIT KAUR SINGH & ORS N 980 OF 1999 BLACK CJ, KIEFEL, SUNDBERG, KATZ, HELY JJ 30 JUNE 2000 SYDNEY