Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kuqo v Minister for Immigration and Multicultural Affairs [2001] FCA 634
IMMIGRATION – refugees – whether Tribunal placed too high an evidentiary burden on applicant instead of the "real chance" test – whether adverse findings made by Tribunal due to lack of "complete supportive evidence" – whether there was no evidence upon which the Tribunal based its decision Migration Act 1958 (Cth) ss 36, 476(1)(e), 476(1)(g), 476(4)(b) Migration Regulations The Handbook on Procedures and Criteria for Determining Refugee Status (1979) Doan v Minister for Immigration and Ethnic Affairs (1997) FCA 222 cited Randhawa v Minister for Immigration and Ethnic affairs (1994) 52 FCR 437 referred to Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 followed DINDAR KUQO v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NO S 75 OF 2000 O'LOUGHLIN J ADELAIDE 31 MAY 2001
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 75 OF 2000
BETWEEN: DINDAR KUQO
APPLICANT
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: O'LOUGHLIN J
DATE OF ORDER: 31 MAY 2001
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The matter be remitted to the Refugee Review Tribunal, differently constituted, for further consideration in accordance with these reasons. 2. The respondent pay the applicant's costs which costs are to be taxed in default of agreement.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 75 OF 2000
BETWEEN: DINDAR KUQO
APPLICANT
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
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