Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Minister for Immigration & Multicultural Affairs [2001] FCA 1376 MIGRATION LAW – use of an interpreter – whether Tribunal required to provide an interpreter – whether "proficiency in English" contemplated by s 427(7) requires greater expertise than ability to give evidence and present arguments in English
Migration Act 1958, s 425, s 427
Perera v Minister for Immigration & Multicultural Affairs [1999] FCA 507 followed DARSHAN SINGH v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS Q43 OF 2001 TAMBERLIN, MANSFIELD & EMMETT JJ 28 SEPTEMBER 2001 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q43 OF 2001
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: DARSHAN SINGH
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: TAMBERLIN, MANSFIELD & EMMETT JJ
DATE OF ORDER: 28 SEPTEMBER 2001
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q43 OF 2001
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: DARSHAN SINGH
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: TAMBERLIN, MANSFIELD & EMMETT JJ
DATE: 28 SEPTEMBER 2001
PLACE: BRISBANE
REASONS FOR JUDGMENT THE COURT: 1 The appellant, who is a citizen of India, arrived in Australia on 11 September 1995. On 25 September 1995 he lodged an application for a protection visa with the Department of Immigration & Multicultural Affairs. On 11 April 1997 a delegate of the respondent, the Minister for Immigration & Multicultural Affairs ("the Minister"), refused to grant a protection visa and on 1 May 1997, the appellant sought review of that decision by the Refugee Review Tribunal ("the Tribunal"). 2 On 28 August 1998, the Tribunal affirmed the decision not to grant a protection visa. On 28 September 1998, the appellant filed an application to the Court for an order of review of the decision of the Tribunal. On 15 December 2000, a judge of the Court ordered that the application be dismissed and that the appellant pay the Minister's costs in the proceeding. The appellant now appeals to the Full Court from the orders of the primary judge.
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