Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Inderjit Singh v Minister for Immigration and Multicultural Affairs [2001] FCA 73 MIGRATION – Refugee Review Tribunal – material received after decision signed but before it is handed down – whether Tribunal functus officio – whether Tribunal has power to ignore relevant material before its decision is handed down – whether reviewable error
Migration Act 1958 (Cth) ss 414, 425, 430, 430A, 430B and 476(1)
Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 - cited Jones v Dunkel (1959) 101 CLR 298 - applied Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 - applied Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287 - applied Bushell v Repatriation Commission (1992) 175 CLR 408 - cited Jayasinghe v Minister for Immigration and Ethnic Affairs (1997) 76 FCR 301 - cited Leung v Minister for Immigration and Multicultural Affairs (1997) 79 FCR 460 - cited Minister for Immigration and Multicultural Affairs v Bhardwaj (2000) 79 FCR 251 - cited Semunigus v Minister for Immigration and Multicultural Affairs (2000) 96 FCR 533 - considered Stead v State Government Insurance Commission (1986) 161 CLR 141 - cited Re Refugee Review Tribunal Ex parte Aala (2000) 176 ALR 219 - cited
INDERJIT SINGH v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 336 OF 2000 JUDGE: MERKEL J DATE: 16 FEBRUARY 2001 PLACE: MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 336 OF 2000
BETWEEN: INDERJIT SINGH
APPLICANT
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT JUDGE: MERKEL J
DATE OF ORDER: 16 FEBRUARY 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal handed down on 14 April 2000 be set aside. 2. The matter be remitted to a differently constituted Refugee Review Tribunal to be determined in accordance with law. 3. The respondent pay the applicant's taxed costs of and incidental to the application and the taxed costs of counsel who appeared at the hearing for the applicant pursuant to Order 80 of the Federal Court Rules.
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