Applicant in V346 of 2000 v Minister for Immigration & Multicultural Affairs [2001] FCA 1179

FEDERAL COURT OF AUSTRALIA

Applicant in V346 of 2000 v Minister for Immigration & Multicultural Affairs [2001] FCA 1179

MIGRATION - review of a decision to refuse a protection visa - obligation of Refugee Review Tribunal to give applicant a real opportunity to give evidence and present argument - extent of obligation where Tribunal finds applicant has "concocted" certain evidence - whether Tribunal had induced applicant to believe that it accepted certain evidence - presumption that applicant has put before Tribunal all available evidence and arguments - obligation of Tribunal to give applicant particulars of information that would be the reason or part of the reason for affirming decision under review - whether that obligation extends to information about "common practices" - whether such information specifically about the applicant or another person - whether Tribunal's reasons set out its findings as to material questions of fact - effect of failure to do so - whether Tribunal has power to consider submission or other material furnished after decision has been written but before it has been handed down or given orally - whether Tribunal functus officio - discretion not to set aside decision of Tribunal notwithstanding that it involved an error of law - whether error denied applicant the possibility of a successful outcome - probative value of testimonials solicited or procured by applicant - whether no evidence or other material to justify making of decision - whether decision based on existence of a particular fact which did not exist. Migration Act 1958 ss 424A, 425(1); 430, 430A, 430B, 430D, Pt 8, 476(1), (3) and (4) Administrative Decisions (Judicial Review) Act 1977 ss 5(1) and (3) Rajamanikkam v Minister for Immigration & Multicultural Affairs [1999] FCA 1411 Minister for Immigration & Multicultural Affairs v Rajamanikkam [2000] FCA 1023 Minister for Immigration and Multicultural Affairs v Cho (1999) 164 ALR 339 De Silva v Minister for Immigration and Multicultural Affairs [2000] FCA 765 Mohammed v Minister for Immigration and Multicultural Affairs [2000] FCA 264 De Silva v Minister for Immigration and Multicultural Affairs [1999] FCA 1834 Abebe v Commonwealth of Australia (1999) 162 ALR 1 Malik v Minister for Immigration and Multicultural Affairs (2000) 98 FCR 291 Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287 Inderjit Singh v Minister for Immigration & Multicultural Affairs [2001] FCA 73 Semunigus v Minister for Immigration and Multicultural Affairs (2000) 96 FCR 533 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 74 ALJR 417 Minister for Immigration and Multicultural Affairs v Al Shamry [2001] FCA 919 Meadows v Minister for Immigration and Multicultural Affairs (1998) 90 FCR 370 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Curragh Queensland Mining Limited v Daniel (1992) 34 FCR 212 Guden v Minister for Immigration and Multicultural Affairs [2000] FCA 236; (2000) 58 ALD 352