Singh v Minister for Immigration and Multicultural Affairs [2000] FCA 1706

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration & Multicultural Affairs [2000] FCA 1706 MIGRATION - application for review on the ground of an error of law, s 476(1)(e) Migration Act 1958 (Cth) - alleged imposition of a more stringent onus of proof than that required by law - Tribunal had little or no regard to several documents the applicant submitted to it on the basis that the materials 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's reasons suggested the imposition of an improper standard of proof. MIGRATION - application for review on the ground of an error of law, s 476(1)(e) Migration Act 1958 (Cth) - contention that Tribunal erred in failing to consider whether the applicant had a well-founded fear of persecution for a Convention reason in respect of the whole of India, away from the Punjab. Migration Act 1958 (Cth) ss 36(2), 65, 476(1)(e), 476(1)(g), 476(4)(b) Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 followed Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 followed Randhawa v Minister for Immigration Local Government and Ethnic Affairs (1994) 52 FCR 437 applied Singh v Minister for Immigration and Multicultural Affairs [2000] FCA 1014 followed Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 followed RANA SINGH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 30 OF 2000 MANSFIELD J 27 NOVEMBER 2000 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 30 OF 2000

BETWEEN: RANA SINGH