Singh v Minister for Immigration & Multicultural Affairs [2000] FCA 1014

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration & Multicultural Affairs [2000] FCA 1014 MIGRATION - application for review of decision of Refugee Review Tribunal - whether Tribunal failed to apply the term "well-founded fear" in the Convention in reaching its decision - Tribunal considered whether it would be reasonable for the applicant to relocate in deciding whether the applicant had well-founded fear - whether Tribunal's ultimate conclusion in relation to the applicant's claim to have a well-founded fear should be upheld even if it erred in its consideration of relocation principle. MIGRATION - discussion of correct approach to real chance test and relocation principle in context of Article 1A(2) of Refugees Convention. Migration Act 1958 (Cth) ss 36(2), 65, 476(1)(e) Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 applied Minister for Immigration and Ethnic Affairs v Guo (1996) 191 CLR 559 applied Randhawa v Minister for Immigration Local Government and Ethnic Affairs (1994) 52 FCR 437 followed BHUPINDER SINGH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 96 OF 1999 MANSFIELD J 31 JULY 2000 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 96 OF 1999

BETWEEN: BHUPINDER SINGH

APPLICANT

AND: MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 31 JULY 2000

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application be granted. 2. The Tribunal's decision be set aside. 3. The applicant's application for review by the Tribunal be remitted to the Tribunal for reconsideration in accordance with these reasons. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.