Shariff v Minister for Immigration & Multicultural Affairs [2001] FCA 1828

FEDERAL COURT OF AUSTRALIA

Shariff v Minister for Immigration & Multicultural Affairs [2001] FCA 1828 MIGRATION – protection visa – application for an order of review of a decision of the Refugee Review Tribunal ("the RRT") – whether the RRT made an error of law within s 476(1)(g) and (4)(b) – "no evidence" ground – where the applicant referred to "detention on two occasions" in Part B of the protection visa application form – where the RRT found that the applicant had failed to make an initial claim of arrest WORDS and PHRASES – "no evidence" Migration Act 1958 (Cth) Guden v Minister for Immigration and Multicultural Affairs (2000) 58 ALD 352 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Curragh Queensland Mining Limited v Daniel (1992) 34 FCR 212 Chen v Minister for Immigration and Multicultural Affairs [1999] FCA 34 Lia v Minister for Immigration and Multicultural Affairs [2001] FCA 65 MOHAMMED ZAHID SHARIFF V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1233 OF 2001 TAMBERLIN J SYDNEY 21 DECEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1233 OF 2001

BETWEEN: MOHAMMED ZAHID SHARIFF

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 21 DECEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for review be granted. 2. The decision of the Refugee Review Tribunal be set aside and the matter remitted to the Refugee Review Tribunal, differently constituted, for consideration in accordance with law. 3. The respondent pay the applicant'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

NEW SOUTH WALES DISTRICT REGISTRY N 1233 OF 2001