Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Al Raied v Minister for Immigration & Multicultural Affairs [2000] FCA 1357
EVIDENCE – affidavit filed after conclusion of hearing – whether leave should be granted to allow affidavit to be read – admissibility of evidence of portion of contents of a recording of proceedings before the Refugee Review Tribunal
MIGRATION – refugees – "well-founded fear of persecution" – whether subjective fear a necessary consideration – whether Tribunal failed to comply with the procedure required by s 430 Migration Act 1958 (Cth) – whether particular fact material to decision
PRACTICE – time and place for the presentation of evidence and argument is the hearing – supplementary material may only be filed after close of hearing with leave
Migration Act 1958 (Cth) ss 430, 476
Butera v Director of Public Prosecutions (Victoria) (1987) 164 CLR 180, cited Carr v Finance Corporation of Australia Ltd (1981) 147 CLR 246, cited Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 845, followed ABDULLAH AL RAIED v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 662 of 2000 BRANSON J SYDNEY 22 SEPTEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 662 of 2000
BETWEEN: ABDULLAH AL RAIED
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 22 SEPTEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal be affirmed. 2. Any appeal from this judgment may be instituted by filing and serving a notice of appeal within 21 days after 3 October 2000. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 662 of 2000
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