Kabir & Ors v Minister for Immigration & Multicultural Affairs [2001] FCA 248

FEDERAL COURT OF AUSTRALIA

Kabir & Ors v Minister for Immigration & Multicultural Affairs [2001] FCA 248 MIGRATION – review of RRT decision to affirm Minister's decision not to grant protection visa – whether RRT made certain findings of fact – whether RRT erred in fact-finding – whether errors in fact-finding judicially-reviewable errors – whether RRT misconstrued evidence by attributing to applicant assertions he had not made – whether such misconstruction error of law under Migration Act 1958 (Cth) s 476(1)(e) – whether misconstruction was fact upon which RRT based decision but which did not exist – whether RRT has implied duty to exercise power to initiate investigations under Migration Act 1958 (Cth) s 427(1)(d) – whether failure to exercise power judicially-reviewable error as non-observance of procedure under Migration Act 1958 (Cth) s 476(1)(a) – no implied duty – decision not to exercise power to initiate investigation not judicially-reviewable error as non-observance of procedure Migration Act 1958 (Cth), ss 427(1)(d), 430(1)(c), 476(1)(a), (e), (g), (4)(b) Minister for Immigration & Multicultural Affairs v Li (2000) 176 ALR 66 referred to Prasad v Minister for Immigration & Ethnic Affairs (1985) 6 FCR 155 referred to Minister for Immigration & Multicultural Affairs v Amani [1999] FCA 1040 (Lee J, 2 August 1999, unreported) referred to Minister for Immigration & Ethnic Affairs v Singh (1997) 74 FCR 553 considered Majeed v Minister for Immigration & Multicultural Affairs [2000] FCA 470 (Ryan J, 12 April 2000, unreported) followed Candyah v Minister for Immigration & Multicultural Affairs [2000] FCA 869 (Heerey J, 28 June 2000, unreported) followed Gill v Minister for Immigration & Multicultural Affairs [2000] FCA 1057 (Emmett J, 26 July 2000, unreported) followed Anthonypillai v Minister for Immigration & Multicultural Affairs [2000] FCA 1368 (Merkel J, 27 September 2000, unreported) followed Mazhar v Minister for Immigration & Multicultural Affairs [2000] FCA 1759 (Goldberg J, 6 December 2000, unreported) followed Re Minister for Immigration & Multicultural Affairs; Ex parte Cassim (2000) 175 ALR 209 referred to Al Shamry v Minister for Immigration & Multicultural Affairs [2000] FCA 1679 (Madgwick J, 21 November 2000, unreported) not followed HUMAYUN KABIR & ORS v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 560 of 2000 KATZ J 15 MARCH 2001 SYDNEY