Al Saqaf v Minister for Immigration & Multicultural Affairs [2002] FCA 6

FEDERAL COURT OF AUSTRALIA

Al Saqaf v Minister for Immigration & Multicultural Affairs [2002] FCA 6

MIGRATION - review of decision of Refugee Review Tribunal - whether Tribunal fell into jurisdictional or other reviewable error by failing to consider certain evidence - whether Tribunal was obliged to consider whether to exercise the investigative powers conferred upon it by ss 424 and 427 of the Migration Act - whether Tribunal had erred by not following procedures set out in s 424A of the Act. Migration Act 1958 (Cth) ss 424, 424A, 427 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 referred to Al Shamry v Minister for Immigration and Multicultural Affairs [2000] FCA 1679 referred to Minister for Immigration and Multicultural Affairs v Al Shamry [2001] FCA 919 referred to Awan v Minister for Immigration and Multicultural Affairs [2001] FCA 1036 referred to Kulwant Singh v Minister for Immigration and Ethnic Affairs (unrep, North J, 21 November 1996, judgment number 1013/96) referred to Majeed v Minister for Immigration & Multicultural Affairs [2000] FCA 470 referred to Yusuf v Minister for Immigration and Multicultural Affairs [1999] FCA 1053 referred to HADEEL ABDULRAHMAN AL SAQAF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W226 of 2001 CARR J 11 JANUARY 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 226 OF 2001

BETWEEN: HADEEL ABDULRAHMAN AL SAQAF

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE OF ORDER: 11 JANUARY 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.