Singh v Minister for Immigration and Multicultural Affairs [2000] FCA 1705

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration & Multicultural Affairs [2000] FCA 1705 MIGRATION - standard of proof required by Tribunal - whether standard imposed by the Tribunal was appropriate and in accordance with the Migration Act 1958 (Cth) and Convention - Tribunal had little or no regard to several documents on the basis that the material could not be "unequivocally authenticated" and were merely photocopies - Tribunal took into consideration misspellings in official documents and variations in the applicant's name appearing in those documents, to find that the documents were not authentic or had been tampered with - whether Tribunal applied a more onerous evidentiary test in considering such material than required by law. Migration Act 1958 (Cth) ss 36(2), 476(1)(e), 476(1)(g) Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 considered Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 considered Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Ismail v Minister for Immigration and Multicultural Affairs [1999] FCA 1555 followed Minister for Immigration and Multicultural Affairs v Rajamanikkam [2000] FCA 1023 followed Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 followed SUKHBIR SINGH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 29 OF 2000 MANSFIELD J 27 NOVEMBER 2000 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 29 OF 2000

BETWEEN: SUKHBIR SINGH

APPLICANT

AND: MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 27 NOVEMBER 2000

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay to the respondent costs of the application to be taxed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.