Awan v Minister for Immigration and Multicultural Affairs [2001] FCA 1036

FEDERAL COURT OF AUSTRALIA

Awan v Minister for Immigration and Multicultural Affairs [2001] FCA 1036

MIGRATION – review of decision of Migration Review Tribunal – jurisdictional error – whether Tribunal identified a wrong issue, asked the wrong question, ignored relevant material or relied on irrelevant material – failure to arrange for medical examination – whether non-observance of procedures required by the Act.

Migration Act 1958 (Cth) ss 116(1)(fa), (2), (3), 363(1)(d), 427(1)(d), 476(1)(a), (b) Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 at 19-23 applied Craig v South Australia (1995) 184 CLR 163 at 179 referred to Khan v Minister for Immigration and Multicultural Affairs [2001] FCA 736 at [15] followed Chhour v Minister for Immigration and Multicultural Affairs [2001] FCA 911 at [57]-[58] followed Capa v Minister for Immigration and Multicultural Affairs [2001] FCA 898 at [30] referred to Cujba v Minister for Immigration and Multicultural Affairs [2001] FCA 699 at [105] considered Applicant Z v Minister for Immigration and Multicultural Affairs [2001] FCA 881 considered Kulwant Singh v Minister for Immigration and Multicultural Affairs [1996] FCA 1013 followed Majeed v Minister for Immigration and Multicultural Affairs [2000] FCA 470 at [21]-[22] referred to Yusuf v Minister for Immigration and Multicultural Affairs [1999] FCA 1053 at [19]-[20] referred to Rahman v Minister for Immigration and Multicultural Affairs [2000] FCA 1277 at [29] followed Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 at 445 applied Abdul Raheem v Minister for Immigration and Multicultural Affairs [2001] FCA 940 at [21]–[23], [25] referred to

IRFAN AHMED AWAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

V338 of 2001