Al Shamry v Minister for Immigration and Multicultural Affairs [2000] FCA 1679

FEDERAL COURT OF AUSTRALIA

Al Shamry v Minister for Immigration & Multicultural Affairs [2000] FCA 1679

IMMIGRATION – application for review of a decision of the Refugee Review Tribunal ("the Tribunal") – applicant interviewed by an officer of the Department at airport on arrival – applicant not provided with a copy of the interview or asked to comment on it – Tribunal relied in part on the contents of the airport interview – obligation of Tribunal to provide information to applicants pursuant to s 424A of the Migration Act 1958 (Cth) – failure to provide such information is a reviewable error – applicant sought to rely on Red Cross Certificate as to his imprisonment – Tribunal did not accept authenticity of the Certificate – Tribunal did not consider investigating the authenticity of the Certificate – in the circumstances failure to consider whether to undertake any investigation amounted to a reviewable error Migration Act 1958 (Cth), ss 424(1), 424(2), 424A(1), 424A(3)(b), 427(1)(d), 427(3)(a), 430 & Part 7 R v L (1994) 49 FCR 534, referred to Chugg v Pacific Dunlop Ltd (1990) 170 CLR 249, cited Yao-Jing v Minister for Immigration & Multicultural Affairs (1997) 74 FCR 275, applied Sellamuthu v Minister for Immigration & Multicultural Affairs (1990) 90 FCR 287, referred to Minister for Immigration & Multicultural Affairs v Singh (2000) 98 FCR 469, cited Minister for Immigration & Ethnic Affairs v Singh (1997) 74 FCR 553, referred to Minister for Immigration & Multicultural Affairs v Cho (1999) 164 ALR 339, cited Gebeyehu v Minister for Immigration & Multicultural Affairs [1999] FCA 1274, applied Cho v Minister for Immigration & Multicultural Affairs [1998] FCA 1663, cited ABDULAZIZ AL SHAMRY v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1254 of 2000 MADGWICK J 21 NOVEMBER 2000