Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hussain v Minister for Immigration & Multicultural Affairs [2001] FCA 523
MIGRATION – review of decision by Refugee Review Tribunal affirming respondent's refusal to grant protection visa – applicant unrepresented and unable to speak English – Court's role in such circumstances – whether any reviewable error – applicant claimed to be citizen of Afghanistan – Tribunal disbelieved him and found, on evidence which included expert evidence, that applicant was not from Afghanistan and thus had not been persecuted in that country as he had claimed – whether Tribunal obliged to find (and set out its finding) the applicant's real nationality or country of former habitual residence – whether any reviewable error discernible in Tribunal's reasons. Migration Act 1958 (Cth), ss 430(1)(c), 476(1)(a), (g), 476(4)(b) Amin v Minister for Immigration and Multicultural Affairs [2001] FCA 312 referred to Minister for Immigration and Multicultural Affairs v Singh (2000) 989 FCR 469 applied Minister for Immigration and Multicultural Affairs v Indatissa [2001] FCA 181 applied MOQBOOL HUSSAIN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 19 of 2001
CARR J 4 MAY 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 19 OF 2001
BETWEEN: MOQBOOL HUSSAIN
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE OF ORDER: 4 MAY 2001
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 19 OF 2001
BETWEEN: MOQBOOL HUSSAIN
Applicant
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