Debnath v Minister for Immigration and Multicultural Affairs [2001] FCA 27

FEDERAL COURT OF AUSTRALIA

Debnath v Minister for Immigration and Multicultural Affairs

[2001] FCA 27 IMMIGRATION – Refugee Review Tribunal - review sought on grounds of bias and also of non-existence of facts upon which decision of the Refugee Review Tribunal was founded or with which it was infected – whether agreed mistakes were material to bias – materiality or efficacy of Applicant's assertions as to mistakes made in address – lack or insufficiency of corroboration of circumstances whereof the Applicant nevertheless had personal knowledge.

Migration Act 1958 (Cth) ss 476(1)(f) and (g) and 476(4)(b) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5(3)(b) Sun v Minister for Immigration and Ethnic Affairs (1987) 81 FCR 71. Lay Kon Tji v Minister for Immigration and Ethnic Affairs (1998) 158 ALR 681. Curragh Queensland Mining Limited v Daniel (1992) 34 FCR 212. Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379. Guden v Minister for Immigration and Multicultural Affairs [2000] FCA 236. Indatissa v Minister for Immigration and Multicultural Affairs [2000] FCA 1119. Fernando v Minister for Immigration and Multicultural Affairs [1999] FCA 962. SHYAMAL CHANDRA DEBNATH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 937 of 2000 CONTI J SYDNEY 2 FEBRUARY 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 937 OF 2000

BETWEEN: SHYAMAL CHANDRA DEBNATH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 2 FEBRUARY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Application be dismissed. 2. The Applicant pay the Respondent's costs of the Application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.