Minister for Immigration & Multicultural Affairs v Shatku [2001] FCA 1857

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Shatku [2001] FCA 1857

MIGRATION – protection visa – significance of prevalence of document fraud in Albania – whether primary judge erred in finding that Tribunal had effectively imposed impermissible evidentiary onus on respondents – whether findings of Tribunal open to it on the evidence Migration Act 1958 (Cth) s 476(1)(e) Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 referred to Selvadurai v Minister for Immigration and Ethnic Affairs (1994) 34 ALD 347 referred to Minister for Immigration & Multicultural Affairs v Indatissa [2001] FCA 181 referred to MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v ALTON SHATKU & ANOR S 79 OF 2001 GRAY, DOWSETT & STONE JJ 21 DECEMBER 2001 SYDNEY (heard in Adelaide)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIADISTRICT REGISTRY S 79 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

APPELLANT

AND: ALTON SHATKU

FIRST RESPONDENT

ANILA KIRI

SECOND RESPONDENT

JUDGE: GRAY, DOWSETT & STONE JJ

DATE OF ORDER: 21 DECEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The judgment and orders of the primary judge made on 31 May 2001 be set aside and in lieu thereof the respondents' applications be dismissed. 3. The respondents pay the appellant's costs at first instance and on the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIADISTRICT REGISTRY S 79 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS