Singh v Minister for Immigration & Multicultural Affairs (No 2) [2001] FCA 327

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration & Multicultural Affairs (No 2)

[2001] FCA 327

MIGRATION – application for review of decision of Refugee Review Tribunal affirming decision to refuse protection visa – Indian citizen of Sikh religion – alleged copy of warrant for arrest issued after leaving India – Tribunal finding document not genuine – Tribunal observing that warrant in the Court of a Judicial Magistrate not likely to be issued by "Labour Inspector" – Indian statute providing that powers of Judicial Magistrate may be delegated by High Court – whether error of law by Tribunal – whether error of foreign law can constitute ground of review – whether no evidence – other evidence and material supporting decision Migration Act 1958 (Cth) s 476(1)(e), (g) and (4) Evidence Act 1995 (Cth) s 174

Daljeet Singh v Minister for Immigration & Multicultural Affairs [1999] FCA 1558 mentioned Allstate Life Insurance Co v Australia and New Zealand Banking Group Ltd (No 6) (1996) 64 FCR 79 at 82 mentioned Minister for Immigration & Multicultural Affairs v Anthonypillai [2001] FCA 274 at par 86 applied Minister for Immigration & Multicultural Affairs v Indatissa [2001] FCA 181 at par 28 applied DALJEET SINGH v THE MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS (No 2) NO T 26 OF 2000 HEEREY J 30 MARCH 2001 HOBART

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY T 26 OF 2000

BETWEEN: DALJEET SINGH

APPLICANT

AND: THE MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 30 MARCH 2001

WHERE MADE: HOBART

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.