Pemaj v Minister for Immigration and Multicultural Affairs [2001] FCA 635

FEDERAL COURT OF AUSTRALIA

Pemaj v Minister for Immigration and Multicultural Affairs [2001] FCA 635 IMMIGRATION – refugees – Tribunal produced two versions of judgment, one for applicant and one for wider publication – whether the Tribunal failed to observe procedure required by Act in publication of two judgments – whether the Tribunal placed too high an evidentiary burden upon the applicant above and beyond the "real chance" test – whether the Tribunal member had a closed mind in determining the credibility of the applicant and authenticity of supporting documentation – whether Tribunal obligated to put to supporting witnesses as a matter of fairness that the Tribunal believes their evidence to be untrue Migration Act 1958 (Cth) Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited Brakni v Minister for Immigration and Multicultural Affairs [2001] FCA 48 followed Minister for Immigration and Multicultural Affairs v Asif [2000] FCA 228 distinguished Selvadurai v Minister for Immigration and Ethnic Affairs (1984) 34 ALD 347 followed Randhawa v Minister for Immigration Local Government and Ethnic Affairs (1994) 52 FCR 437 followed Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to Abebe v The Commonwealth (1999) 197 CLR 510 cited Hossain v Minister for Immigration and Multicultural Affairs [2001] FCA 46 referred to Re the Refugee Review Tribunal; exparte Aala (2000) 176 ALR 219 cited Re: Minister for Immigration and Multicultural Affairs; ex parte Durairajasingham (2000) 168 ALR 407 approved Minister for Immigration and Multicultural Affairs v Surjit Singh (1997) 144 ALR 284 referred to Minister for Immigration and Multicultural Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Minister for Immigration and Multicultural Affairs v Guo (1997) 191 CLR 559 cited Browne v Dunn (1893) 6 R 67 HL discussed Allied Pastoral Holdings Pty Ltd v Commissioner of Taxation [1983] NSWLR 1 referred to Brown v R (1980) Tas R 61 referred to Tin v Minister for Immigration and Multicultural Affairs [2000] FCA 1109 cited Minister for Immigration and Multicultural Affairs v Indatissa [2001] FCA 181 followed Minister for Immigration and Multicultural Affairs v Rajamanikkam [2000] FCA 1023 followed