Kamal v Minister for Immigration & Multicultural Affairs [2002] FCA 818

FEDERAL COURT OF AUSTRALIA

Kamal v Minister for Immigration & Multicultural Affairs [2002] FCA 818 MIGRATION – application for protection visa – review of decision of Refugee Review Tribunal – whether Tribunal based its decision upon a fact that did not exist – whether Tribunal identified a wrong issue when it made an error of fact leading it to form a wrong conclusion about the applicant's credibility - whether Tribunal had regard to irrelevant considerations in respect of a linguist report contrary to the applicant's claim to be a national of Afghanistan. Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Migration Act 1958 (Cth), ss 36(2), 476(1)(b), (1)(c), (1)(e), (1)(g), (4)(b), 420(2)(a) Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5(1)(h), 5(3)(b)

Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 – applied Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 – discussed Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 – discussed Craig v South Australia (1995) 184 CLR 163 - cited Ullah v Minister for Immigration & Multicultural Affairs [2002] FCA 60 - discussed Awan v Minister for Immigration & Multicultural Affairs [2001] FCA 1036 – referred to Capa v Minister for Immigration & Multicultural Affairs [2001] FCA 898 – referred to Khan v Minister for Immigration & Multicultural Affairs [2001] FCA 736 – referred to Naz v Minister for Immigration & Multicultural Affairs [2001] FCA 1591 – discussed Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham (1999) 168 ALR 407 – referred to Clark v Ryan (1960) 103 CLR 486 – referred to Hussain v Minister for Immigration & Multicultural Affairs [2001] FCA 523 – referred to Ismail v Minister for Immigration & Multicultural Affairs [1999] FCA 1555 – discussed Minister for Immigration & Multicultural Affairs v Indatissa [2001] FCA 181 – discussed Minister for Immigration & Multicultural Affairs v Rajamanikkam (2000) 179 ALR 495 - followed