Singh v Minister for Immigration & Multicultural Affairs [2001] FCA 390

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration and Multicultural Affairs [2001] FCA 390

IMMIGRATION – application for review of decision of Refugee Review Tribunal – Applicant found to be member of ISYF and AISSF – whether RRT failed to make material findings of fact – where found that ISYF and AISSF of no interest to authorities – only terrorists and militants are persecuted – whether RRT made finding that ISYF a terrorist or militant organisation – finding implicit in decision – overriding importance of activities of Applicant rather than organisation he is a member thereof – whether activities in Australia gave rise to a sur place claim. Migration Act 1958 (Cth) ss 430(1)(c), 430(1)(d), 476(1)(a) and 476(1)(e) Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 referred to Rahman v Minister for Immigration and Multicultural Affairs [2000] FCA 1277 referred to Minister for Immigration and Multicultural Affairs v Mohammed (2000) 98 FCR 405 referred to KASHMIR SINGH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1139 OF 2000 CONTI J 6 APRIL 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1139 OF 2000

BETWEEN: KASHMIR SINGH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 6 APRIL 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Application be dismissed.

2. The Applicant pay the costs of the Respondent.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1139 OF 2000

BETWEEN: KASHMIR SINGH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT