Applicant S33 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1131

FEDERAL COURT OF AUSTRALIA

Applicant S33 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1131 MIGRATION – Whether Tribunal failed to deal with claim – onus on applicant to provide material in support of claim Judiciary Act 1903 (Cth), ss 39B & 44 Federal Court Rules (Cth), O51A r5 Abebe v The Commonwealth of Australia (1999) 197 CLR 510 at [187] (per Gummow and Hayne JJ) referred to Applicant M216/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 931 referred to Applicant S321 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 938 referred to Minister for Immigration and Multicultural Affairs v Haji Ibrahim (2000) 204 CLR 1 referred to Minister for Immigration and Multicultural Affairs v Khawar (2002) 187 ALR 574 referred to Minister for Immigration and Multicultural Affairs v Prathapan (1998) 156 ALR 672 referred to Muin v Refugee Review Tribunal (2002) 190 ALJR 966 referred to Thiyagarajah v Minister for Immigration and Multicultural Affairs (1997) 73 FCR 176 at 179 referred to APPLICANT S33 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS, SECRETARY, DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS, PRINCIPAL MEMBER REFUGEE REVIEW TRIBUNAL AND RUTH CHEETHAM MEMBER REFUGEE REVIEW TRIBUNAL N369 of 2003 JACOBSON J SYDNEY 17 OCTOBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N369 of 2003

BETWEEN: APPLICANT S33 of 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

SECRETARY,

DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT