Kumar v Minister for Immigration & Multicultural Affairs [2002] FCA 682

FEDERAL COURT OF AUSTRALIA

Kumar v Minister for Immigration & Multicultural Affairs [2002] FCA 682

MIGRATION - protection visas - husband and wife – tribunal found inconsistency in wife's evidence – whether finding open to tribunal – whether taking into account inconsistency was taking into account irrelevant consideration – whether tribunal failed to take into account corroborating evidence of husband – whether failure to take into account relevant consideration - tribunal's finding about husband's belief as to motive for rape of wife based on its conclusion that rape not politically motivated – want of logic on tribunal's part – whether error of law

Migration Act 1958 (Cth) ss 5(1), 36(2), 476 Thiyagarajah v Minister for Immigration & Multicultural Affairs (1997) 73 FCR 176 cited Minister for Immigration & Multicultural Affairs v Prathapan (1998) 156 ALR 672 cited Minister for Immigration & Multicultural Affairs v Yusuf [2001] HCA 30 (2001) 180 ALR 1 considered Minister for Immigration & Multicultural Affairs v Epeabaka (1998) 84 FCR 411 applied Minister for Immigration & Multicultural Affairs v Anthonypillai [2001] FCA 274 applied Gamaethige v Minister for Immigration & Multicultural Affairs [2001] FCA 565 (2001) 183 ALR 59 applied Minister for Immigration & Multicultural Affairs v Al-Miahi [2001] FCA 744 considered Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363 referred to Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 referred to Paul v Minister for Immigration & Multicultural Affairs [2001] FCA 1196 considered HEMANT KUMAR AND VISHALAKSMI KUMAR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 846 of 2001 GRAY J 30 MAY 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 846 of 2001

BETWEEN: HEMANT KUMAR