Sarancharkh v Minister for Immigration & Multicultural Affairs [2001] FCA 1461

FEDERAL COURT OF AUSTRALIA

Sarancharkh v Minister for Immigration & Multicultural Affairs [2001] FCA 1461

MIGRATION – review of decision of Refugee Review Tribunal – whether no evidence or other material to justify the making of the Tribunal's decision – whether s 476(l)(g) of the Migration Act 1958 (Cth) can apply where there is a finding by the Tribunal of the non-existence of a fact – application of s 476(4)(b) considered

Migration Act 1958 (Cth) ss 476(1)(g), 476(4)(b)

Zaknic Pty Ltd v Svelte Corporation Pty Ltd (1995) 61 FCR 171 cited

Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited

Television Capricornia Pty Ltd v Australian Broadcasting Tribunal (1986) 13 FCR 511 referred to

Minister for Immigration and Multicultural Affairs v Indatissa [2001] FCA 181 cited

Kheirollahpoor v Minister for Immigration and Multicultural Affairs [2000] FCA 1350 considered

N258/00A v Minister for Immigration and Multicultural Affairs (2000)101 FCR 478 followed

Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 followed

MAHMOOD SARANCHARKH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1024 OF 2001 HILL J 19 OCTOBER 2001

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1024 OF 2001

BETWEEN: MAHMOOD SARANCHARKH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 19 OCTOBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The applicant pay the costs of the respondent Minister.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1024 OF 2001

BETWEEN: MAHMOOD SARANCHARKH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS