Ahmed v Minister for Immigration and Multicultural Affairs [2001] FCA 506

FEDERAL COURT OF AUSTRALIA Ahmed v Minister for Immigration and Multicultural Affairs [2001] FCA 506

MIGRATION – application for a protection visa – review of decision of Refugee Review Tribunal – Tribunal Member who conducted oral hearing retired from Tribunal before making a decision – case re-allocated to another member who read flawed transcript and made decision without inviting applicant to a new hearing – whether there was a failure to comply with s 422 or s 422A of the Migration Act – whether there was a failure to make findings by Tribunal – whether Tribunal failed to consider whether to obtain further evidence – whether an adverse credibility finding was based on no evidence

Migration Act 1958 (Cth) s 414(1), 425(1), 425(2)(b), 422(2), 422A(3), 427(1)(d), 476(2), 476(1)(a), 476(1)(g), 476(4)(b)

Liu v Minister for Immigration & Multicultural Affairs [2001] FCA 49 followed Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287 distinguished Yao-Jing v Minister for Immigration and Multicultural Affairs (1997) 74 FCR 275 referred to Al Shamry v Minister for Immigration and Multicultural Affairs [2000] FCA 1679 not followed Yusuf v Minister for Immigration and Multicultural Affairs (1999) 58 ALD 470 considered Rahman v Minister for Immigration and Multicultural Affairs [2000] FCA 1277 referred to Kabir & Ors v Minister for Immigration and Multicultural Affairs [2001] FCA 248 referred to Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274 referred to Minister for Immigration and Multicultural Affairs v Rajamanikkam [2000] FCA 1023 referred to Minister for Immigration and Multicultural Affairs v Indatissa [2001] FCA 181 referred to Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 referred to Rajanayake v Minister for Immigration and Multicultural Affairs [2001] FCA 352 followed