Delia v Minister for Immigration and Multicultural Affairs [2001] FCA 1702

FEDERAL COURT OF AUSTRALIA

Delia v Minister for Immigration and Multicultural Affairs [2001] FCA 1702 MIGRATION –application for an order of review – where applicant claimed that if he returned to Albania, there was a real chance that he would be persecuted by reason of the revival of an old blood feud – where documents provided by the applicant were rejected by the Refugee Review Tribunal ("the RRT") – whether the RRT erred in principle or law by failing to make inquiries into the authenticity of the documentary evidence advanced by the applicant – the RRT is not under an obligation to make independent inquiries to test the authenticity of documents provided by the applicant – whether the RRT failed to take into account a relevant consideration – allegation of actual bias by the decision-maker Migration Act 1958 (Cth) s 427(1)(d) Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 Pemaj v Minister for Immigration and Multicultural Affairs [2001] FCA 635 MARASH DELIA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 115 OF 2001 TAMBERLIN J ADELAIDE 21 NOVEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 115 OF 2001

BETWEEN: MARASH DELIA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 21 NOVEMBER 2001

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the costs of the respondent of the application. 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 S 115 OF 2001

BETWEEN: MARASH DELIA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS