Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rahman v Minister for Immigration & Multicultural Affairs [2000] FCA 1277
IMMIGRATION – visa – special need relative – Immigration Review Tribunal – hearing – duty on Tribunal to make its own inquiries – psychiatric report – referred to but not produced before Tribunal by applicant's representative – representative stated Tribunal would not be assisted by report – whether Tribunal had a duty to require production of report in light of other findings it made – whether entitled to infer that report would not be helpful to applicant – rule in Jones v Dunkel - reasons for decision – material facts – whether reasons failed to set out material facts on which decision turned.
Judiciary Act 1903 (Cth) s 39B
Migration Act 1958 (Cth) s 359, s 368, s 475(1), s 476(1), s 476(4)
Administrative Decisions (Judicial Review) Act 1977 (Cth)
Minister for Immigration and Ethnic Affairs v Teo (1995) 57 FCR 194 cited
Huang v Minister for Immigration and Ethnic Affairs (1996) 71 FCR 95 cited
Tuamohetoa v Minister for Immigration and Multicultural Affairs (unrep, Fed Court, 4/11/1998) cited
Fuduche v Minister for Immigration Local Government and Ethnic affairs (1993) 45 FCR 515 cited
Xu v Minister for Immigration and Multicultural Affairs [1999] FCA 1741 cited
Minister for Immigration and Multicultural Affairs v Yusuf [1999] FCA 1681 cited
Minister for Immigration and Multicultural Affairs v Singh [2000] FCA 845 followed
Dornan v Riordan (1990) 24 FCR 564 cited
Comcare Australia v Lees (1997) 151 ALR 647 cited
Turner v Minister for Immigration and Ethnic Affairs (1981) 35 ALR 388 followed
Kioa v West (1985) 159 CLR 550 cited
Enichem Anic Srl v Anti-Dumping Authority (1992) 111 ALR 178 followed
Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 applied
Videto v Minister for Immigration and Ethnic Affairs (1985) 8 FCR 167 applied
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