Toor v Minister for Immigration & Multicultural Affairs [2000] FCA 1166

FEDERAL COURT OF AUSTRALIA

Toor v Minister for Immigration & Multicultural Affairs [2000] FCA 1166 MIGRATION - application to review decision of Refugee Review Tribunal - Tribunal found that applicant had made a belated claim in evidence that he feared that the authorities might kill him - applicant submitted that there was no evidence or other material to justify making this finding ( s 476(1)(g) and (4)(b) of Migration Act 1958 (Cth)) - whether earlier material in applicant's documents contained that claim - whether Tribunal's finding that the claim was made belatedly was based on a fact that did not exist. MIGRATION - consideration of approach to the relocation principle - whether Tribunal erred in law in its approach - alleged failure of Tribunal to consider properly whether, in respect of part of India other than the Punjab, applicant had a well-founded fear for a Convention reason. Migration Act 1958 (Cth) ss 65(1), 476(1)(g), 476(4)(b) Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 referred to Singh v Minister for Immigration & Multicultural Affairs [2000] FCA 1014 applied Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Curragh Queensland Mining Ltd v Daniels (1992) 34 FCR 212 referred to Australian Broadcasting Tribunal v Bond (1990) 179 CLR 321 distinguished GURVINDER SINGH TOOR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 13 OF 2000 MANSFIELD J ADELAIDE 22 AUGUST 2000

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 13 OF 2000

BETWEEN: GURVINDER SINGH TOOR

APPLICANT

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 22 AUGUST 2000

WHERE MADE: ADELAIDE