Cabal v Minister for Immigration and Multicultural Affairs [2000] FCA 1806

FEDERAL COURT OF AUSTRALIA

Cabal v Minister for Immigration & Multicultural Affairs (No 4) [2000] FCA 1806

IMMIGRATION – refugees – protection visas – Refugee Review Tribunal – procedures – joinder of spouse to application in Tribunal – notification of hearing and opportunity to give oral evidence – notification to children of primary applicant – whether independent notification required – all applicants legally represented at all times – constitution of Tribunal – appointment of member to hear review – direction in writing – whether required of Principal Member or delegate when constituting himself or herself as Tribunal – failure to consider material issues – sufficiency of statement of reasons – approach to determining whether well-founded fear of persecution – whether error of law

Extradition Act 1998 (Cth) s 12

Migration Act 1958 (Cth) s 457, s 460 s 470 s 412 s 421 s 422 s 424 s 425 s 430

Migration Regulations 1994 reg 2.08A

Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to

Peniche v Minister for Immigration & Multicultural Affairs [1999] FCA 709 referred to

Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 cited TERESA PASINI CABAL, CARLOS CABAL PASINI, SOFIA CABAL PASINI, ANAMARIA CABAL PASINI, TERESA CABAL PASINI and CARLOS CABAL PENICHE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V339 OF 1999 MARCO PASINI BERTRAN and MONSERRAT GONZALEZ KARRAS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V340 of 1999 FRENCH J 11 DECEMBER 2000 PERTH (Heard in Melbourne)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V339 OF 1999

BETWEEN: TERESA PASINI CABAL

FIRST APPLICANT

CARLOS CABAL PASINI

SECOND APPLICANT

SOFIA CABAL PASINI