Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shatku & Anor v Minister for Immigration and Multicultural Affairs [2001] FCA 636 IMMIGRATION – refugees – whether or not material not placed before the Refugee Review Tribunal may be placed before the Court – whether the Refugee Review Tribunal impermissibly placed an evidentiary onus upon the applicants in excess of what the authorities require Migration Act 1958 (Cth) ss 476(1)(e), 476(1)(f), 476(1)(g), 476(4)(b) Indatissa v Minister for Immigration and Multicultural Affairs [2000] FCA 1119 cited Minister for Immigration and Multicultural Affairs v Indatissa [2001] FCA 181 followed Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505 followed Sukhbir Singh v Minister of Immigration and Multicultural Affairs [2000] FCA 1705 approved ALTON SHATKU & ANOR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NO S 74 OF 2000 O'LOUGHLIN J ADELAIDE 31 MAY 2001
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S74 OF 2000
BETWEEN: ALTON SHATKU & ANOR
APPLICANT
AND: 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 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 S74 OF 2000
BETWEEN: ALTON SHATKU & ANOR
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: O'LOUGHLIN J
DATE: 31 MAY 2001
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