Kumar v Minister for Immigration & Multicultural Affairs [2000] FCA 1013

FEDERAL COURT OF AUSTRALIA

Kumar v Minister for Immigration & Multicultural Affairs [2000] FCA 1013 MIGRATION - application for review of decision of Refugee Review Tribunal - alleged failure to invite applicant to appear to give evidence - Tribunal wrote to the applicant and invited him to give evidence at hearing - applicant appeared - applicant requested additional time to provide more country information and to contact his parents to speak of situation in India - Tribunal refused that request - whether such refusal contravened s 425(1) and s 476(1)(a) - consideration of extent of Tribunal's obligation to give applicant opportunity to appear and give evidence. Migration Act 1958 (Cth) ss 2(2), 424, 424A, 424B, 424C, 425, 425(1), 425A, 426(1)(b), 426(2), 426A, 427, 441A, 476(1)(a), 476(1)(e) Migration Legislation Amendment Act (No 1) 1998 (Cth)

Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 referred to Minister for Immigration and Multicultural Affairs v Cho (1999) 92 FCR 315 followed Saadik v Minister for Immigration & Multicultural Affairs [1999] FCA 825 referred to Semunigus v Minister for Immigration & Multicultural Affairs [2000] FCA 240 referred to Dalpatadu v Minister for Immigration & Multicultural Affairs [2000] FCA 26 referred to Gebeyehu v Minister for Immigration & Multicultural Affairs [1999] FCA 1274 referred to Mohammad v Minister for Immigration and Multicultural Affairs [2000] FCA 466 considered Minister for Immigration and Multicultural Affairs v Capitly [1999] FCA 193 referred to Budiyal v Minister for Immigration and Multicultural Affairs (Tamberlin J, 20 March 1998, unreported) referred to Sook Rye Son v Minister for Immigration and Multicultural Affairs (1999) 86 FCR 584 referred to Sun Zhan Qui v Minister for Immigration and Ethnic Affairs [1997] FCA 324 followed Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred to NARESH KUMAR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 4 OF 2000 MANSFIELD J 31 JULY 2000 ADELAIDE