S14/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1153

FEDERAL COURT OF AUSTRALIA

S14/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1153 PRACTICE & PROCEDURE – typographical error in reasons of Tribunal – whether inference can be drawn as to conclusions of Tribunal – where no corrigendum issued – where Tribunal member not called to give evidence. MIGRATION – failure to consider substance of claims – Tribunal did not address applicant's membership of social groups – whether Tribunal had dealt with all "essential integers" of the applicant's claims. WORDS & PHRASES – 'plausible' Minister for Immigration & Multicultural Affairs v Yusuf (2001) 206 CLR 323 referred to Long v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 218 referred to Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Re Australian Insurance Employees Union; Ex parte Academy Insurance Pty Ltd (1988) 78 ALR 466 discussed Vietnam Veteran's Association of Australia New South Wales Branch Inc v Specialist Medical Review Council (2002) 69 ALD 553 referred to Secretary of the Department of Family & Community Services v Sammut (1999) 58 ALD 691 discussed Muin v Refugee Review Tribunal & Ors (2002) 190 ALR 601 discussed SCAL v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 548 referred to SGBB v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 199 ALR 364 referred to Paul v Minister for Immigration & Multicultural Affairs (2001) 113 FCR 396 discussed El Merhabi v Minister for Immigration & Multicultural Affairs (2000) 96 FCR 375 referred to Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 referred to Thevendram v Minister for Immigration & Multicultural Affairs (2000) 182 ALR referred to W148/00A v Minister for Immigration & Multicultural Affairs (2001) 185 ALR referred to W321/01A v Minister for Immigration and Multicultural Affairs [2002] FCA 210 referred to Syan v Refugee Review Tribunal (1995) 61 FCR 284 referred to Aras v Minister for Immigration & Ethnic Affairs (1998) 50 ALD 797 referred to Al-Amidi v Minister for Immigration & Multicultural Affairs (2000) 177 ALR 506 referred to Randhawa v Minister for Immigration, Local Government & Ethnic Affairs (1994) 52 FCR 437 referred to X v Minister for Immigration & Multicultural Affairs (2002) 116 FCR 319 referred to Cabal v Minister for Immigration & Multicultural Affairs [2001] FCA 546 referred to S14/2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 364 of 2003 MOORE J 22 OCTOBER 2003 SYDNEY