Paul v Minister for Immigration & Multicultural Affairs [2001] FCA 277

FEDERAL COURT OF AUSTRALIA

Paul v Minister for Immigration and Multicultural Affairs [2001] FCA 277

IMMIGRATION – conflict on material date between applicant in subject proceedings and her brother, he being applicant in preceding application before Tribunal – conflicting dates considered by Tribunal to be highly relevant to application of first-mentioned applicant – first and second mentioned applicants represented by same Solicitors – solicitors invited by Tribunal at close of evidence to produce documentary evidence of first-mentioned applicant concerning material date subject to conflicting evidence – Tribunal sends reminder by letter and sets time for provision of such additional evidence if same to be tendered – whether in sending such invitations, Tribunal complied with scheme of ss 424A, 424B and 441A of Migration Act – apparent inconsistency between subsections (1) and (2) of s 424A – whether Tribunal additionally complied with s 430(1) and applicable Regulations thereunder – whether alternatively discretion should be exercised in favour of Respondent - practice of Tribunal questioning applicant in preceding application concerning material fact in subsequent application of related applicant. Migration Act 1958 (Cth) ss 424A, 424B, 430, 441A, 476(1(a) and 481(1)(a) Migration Legislation Amendment Act (No 1) 1998 (Cth) Migration Regulations 1994 (Cth) 4.35(3) and 4.35A(3) Addo v Minister for Immigration and Multicultural Affairs [1999] FCA 940 applied R v Foley [1998] QCA 225 cited Re Minister for Immigration and Multicultural Affairs; Ex part Durairajasingham (2000) 168 ALR 407 applied Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 referred to Minister for Immigration and Multicultural Affairs v Ibrahim (2000) 175 ALR 585 applied Naing v Minister for Immigration and Multicultural Affairs 2000 97 FCR 336 applied Najim v Minister for Immigration and Multicultural Affairs (2000) FCA 1470 applied Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 applied Wimalaratne v Minister for Immigration and Multicultural Affairs (2000) FCA 964 applied Ex parte Tasker; re Hannon [1971] NSWLR 804 referred to Phipson on Evidence 15th ed. 2000 at p.50