Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Alam v Minister for Immigration & Multicultural Affairs [2000] FCA 1578 IMMIGRATION – refugees – whether Refugee Review Tribunal erred by failing to refer to all material before delegate – whether Tribunal should have stated that no weight was placed on certain material before delegate.
Migration Act 1958 (Cth), ss 414, 430.
Minister for Immigration and Multicultural Affairs v Singh [2000] FCA 845, applied. Baban v Minister for Immigration and Multicultural Affairs [2000] FCA 1341, cited. Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407, cited.
MOHAMMAD MAHFUZUL ALAM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 712 of 2000 SACKVILLE J SYDNEY 2 NOVEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 712 OF 2000
BETWEEN: MOHAMMAD MAHFUZUL ALAM
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: SACKVILLE J
DATE OF ORDER: 2 NOVEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. 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 712 OF 2000
BETWEEN: MOHAMMAD MAHFUZUL ALAM
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: SACKVILLE J
DATE: 2 NOVEMBER 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application to review a decision of the Refugee Review Tribunal ("RRT"), made on 30 May 2000. The RRT affirmed a decision made by a delegate of the respondent ("the Minister") to refuse to grant the applicant a protection visa. 2 The amended application relies on the ground of review provided for in s 476(1)(a) of the Migration Act 1958 (Cth) ("Migration Act"), namely: 'That procedures that were required by this Act or the regulations to be observed in connection with the making of the decision were not observed." 3 The amended application asserts that the RRT failed to review the decision of the Minister's delegate "and as such has breached [s] 414 of the Act." Section 414(1) of the Migration Act provides that, if a valid application is made under s 412 for review of "an RRT-reviewable decision", the RRT must review the decision. 4 The particulars to the amended application are as follows: "(a) The Department of Immigration & Multicultural Affairs referred to various documents that it used in arriving at its decision. These documents were not used by the Tribunal in its review of the decision of DIMA. (b) Further and in the alternative, if the above documents were referred to by the Tribunal, there is no mention of these documents in the Tribunal's reasons. This constitutes a breach of section 430(1) of the Act."
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate