Shahabuddin v Minister for Immigration & Multicultural Affairs [2001] FCA 273

FEDERAL COURT OF AUSTRALIA

Shahabuddin v Minister for Immigration & Multicultural Affairs [2001] FCA 273

MIGRATION – review of RRT decision to affirm Minister's decision not to grant protection visa – whether RRT erred by making decision on basis that there had been valid application before Minister – where applicant failed to complete application form in full – whether substantial compliance with requirement to complete form sufficient to confer validity on application – whether substantial compliance consists of providing information which on fair reading shows claim of refugee status – whether fair reading undertaken in light of Minister's likely background knowledge of applicant's country – whether on such fair reading applicant substantially complied with requirement to complete form – whether substantial compliance requires response to every question on application form – whether response to question can be implied as well as express. Migration Act 1958 (Cth), s 481(1) Migration Regulations 1994 (Cth), reg 2.07(3) Minister for Immigration & Multicultural Affairs v Li [2000] FCA 1456 followed Nader v Minister for Immigration & Multicultural Affairs (2000) 101 FCR 352 considered Myint v Minister for Immigration & Multicultural Affairs [2001] FCA 122 referred to Nie v Minister for Immigration & Multicultural Affairs [2000] FCA 347 followed Wu v Minister for Immigration & Ethnic Affairs (1996) 64 FCR 245 referred to Minister for Immigration & Multicultural Affairs v A (1999) 91 FCR 435 referred to Wimalaratne v Minister for Immigration & Multicultural Affairs [2000] FCA 964; [2000] FCA 1737 referred to ALI SHAHABUDDIN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 808 of 2000 KATZ J 23 MARCH 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 808 of 2000