Najarian v Minister for Immigration & Multicultural Affairs [2000] FCA 933

FEDERAL COURT OF AUSTRALIA

Najarian v Minister for Immigration & Multicultural Affairs [2000] FCA 933 MIGRATION – application for a protection visa – review of decision of Refugee Review Tribunal – whether requirements of s 430(1) were satisfied – whether evidence upon which adverse credibility findings are based is required to be referred to in the reasons of the Tribunal – whether an invalid application – whether an application can be treated as being made upon the subsequent provision of the information omitted in the original application Migration Act 1958 (Cth) ss 45, 46, 47, 54, 65, 415 and 430(1) Acts Interpretation Act 1901 (Cth) s 25(c) Migration Regulations Reg 2.07 Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547 – referred to Minister for Immigration and Multicultural Affairs v Singh [2000] FCA 845 - applied Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 – referred to Epeabaka v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 411 – considered Hill v Green (1999) 48 NSWLR 161 - considered Minister for Immigration and Multicultural Affairs v A (1999) 91 FCR 435 - discussed Nader v Minister for Immigration and Multicultural Affairs [2000] FCA 908 - applied Han v Minister for Immigration and Multicultural Affairs [2000] FCA 421 - considered Kundu v Minister for Immigration and Multicultural Affairs [2000] FCA 560 - considered Samuel v Minister for Immigration and Multicultural Affairs [2000] FCA 854 - considered Phanouvong v Minister for Immigration and Multicultural Affairs [1999] FCA 1489 - cited Wu v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 245 – cited Yilmaz v Minister for Immigration & Multicultural Affairs [2000] FCA 906 - discussed NAJARIAN v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 256 OF 1998 JUDGE: MERKEL J PLACE: MELBOURNE DATE: 19 JULY 2000