Anderson v Minister for Immigration & Multicultural Affairs [2000] FCA 1730

FEDERAL COURT OF AUSTRALIA

Anderson v Minister for Immigration & Multicultural Affairs [2000] FCA 1730 IMMIGRATION – appeal – review of the decision of the Refugee Review Tribunal ("the Tribunal") refusing the grant of a protection visa – obligation to set out findings on material questions of fact - no requirement on the Tribunal to give reasons for rejecting or attaching no weight to evidence on which it choose not to act – application to amend notice of appeal – matters raised in proposed amended appeal dealt with by the Tribunal – need to consider the merits of the proposed amendment to a notice of appeal.

Migration Act 1958 (Cth) ss 430(1), 476(1)(a) Minister for Immigration & Multicultural Affairs v Singh (2000) 98 FCR 496, followed Re The Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham (2000) 74 ALJR 405, followed Kandia v Minister for Immigration & Multicultural Affairs [1998] FCA 1145, distinguished Logenthiran v Minister for Immigration & Multicultural Affairs (1998) 56 ALD 639, distinguished Thevendram v Minister for Immigration & Multicultural Affairs [1999] FCA 182, distinguished RIENZIE CLAUDE ANTHONY ANDERSON v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 778 of 2000 RD NICHOLSON, MADGWICK and FINKELSTEIN JJ 5 DECEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 778 of 2000

On appeal from a single judge of the Federal Court of Australia

BETWEEN: RIENZIE CLAUDE ANTHONY ANDERSON

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: RD NICHOLSON, MADGWICK and FINKELSTEIN JJ

DATE OF ORDER: 5 DECEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Application to amend notice of appeal be refused. 2. The appeal be dismissed. 3. The appellant is to pay the respondent's costs.