Mazhar v Minister for Immigration and Multicultural Affairs [2000] FCA 1759

FEDERAL COURT OF AUSTRALIA

Mazhar v Minister for Immigration & Multicultural Affairs [2000] FCA 1759 MIGRATION – review of decision of Refugee Review Tribunal – refusal to grant protection visa – whether failure to provide adequate standard of interpreting – whether interpretation so incompetent applicant prevented from giving evidence – whether departure from standard of interpretation related to matter of significance – effect of amendment to s 425(1) of Migration Act 1958 (Cth). MIGRATION – effect of s 427(1)(d) of Migration Act 1958 (Cth) – whether Tribunal has duty to require investigation or medical examination. MIGRATION – error of law – whether failure to give proper, genuine and realistic consideration – whether failure to receive relevant material into evidence.

Migration Act 1958 (Cth): ss 425(1), 427(1), 476(1)(a), (b), (c) & (e) Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6 considered De Silva v Minister for Immigration and Multicultural Affairs (2000) 98 FCR 364 referred to Long v Minister for Immigration and Multicultural Affairs [2000] FCA 1172 referred to Minister for Immigration and Multicultural Affairs v Mohammed [2000] FCA 1275 referred to Kumar v Minister for Immigration and Multicultural Affairs [2000] FCA 1013 referred to Xiao v Minister for Immigration and Multicultural Affairs [2000] FCA 1472 referred to Kulwant Singh v Minister for Immigration and Ethnic Affairs [1996] FCA 1013 referred to Gill v Minister for Immigration and Multicultural Affairs [2000] FCA 1057 referred to Rahman v Minister for Immigration and Multicultural Affairs [2000] FCA 1277 referred to Anthonypillai v Minister for Immigration and Multicultural Affairs [2000] FCA 1368 considered Tedella v Minister for Immigration and Multicultural Affairs [2000] FCA 1643 referred to Pollocks v Minister for Immigration and Multicultural Affairs [2000] FCA 1514 referred to NADEREH MAZHAR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 517 of 2000 GOLDBERG J 6 DECEMBER 2000 MELBOURNE