Pollocks v Minister for Immigration & Multicultural Affairs [2000] FCA 1514

FEDERAL COURT OF AUSTRALIA

Pollocks v Minister for Immigration and Multicultural Affairs

[2000] FCA 1514

MIGRATION – protection visa – decision of Refugee Review Tribunal – whether tribunal failed to give adequate reasons for its decision – nature of findings made by tribunal – whether tribunal failed to make proper inquiries EVIDENCE – nature of proof – standard of proof in administrative proceedings Migration Act 1958 (Cth) s 430(1) Anthonypillai v Minister for Immigration and Multicultural Affairs [2000] FCA 1368 applied Epeabaka v Minister for Immigration and Multicultural Affairs (1997) 150 ALR 397 referred to Majeed v Minister for Immigration and Multicultural Affairs [2000] FCA 470 followed Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 followed Minister for Immigration and Multicultural Affairs v Singh [2000] FCA 845 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Minister for Immigration and Multicultural Affairs, Re; Ex parte Durairajasingham (2000) 74 ALJR 405 applied Rahman v Minister for Immigration and Multicultural Affairs [2000] FCA 1277 followed

MICHAEL ANGELO POLLOCKS, CATHERINE POLLOCKS, CHRISTINA POLLOCKS, MARK POLLOCKS and MYLES POLLOCKS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 364 of 1999 FINKELSTEIN J MELBOURNE 27 OCTOBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 364 of 1999

BETWEEN: MICHAEL ANGELO POLLOCKS,

CATHERINE POLLOCKS,

CHRISTINA POLLOCKS,

MARK POLLOCKS, and

MYLES POLLOCKS

Applicants

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: FINKELSTEIN J

DATE OF ORDER: 27 OCTOBER 2000

WHERE MADE: MELBOURNE