NAJK v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 163

FEDERAL COURT OF AUSTRALIA

NAJK v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 163

MIGRATION – onus of proof – applicant must put material relied upon to support claim – procedural fairness – need to put critical issue to the applicant Abebe v Commonwealth of Australia (1999) 197 CLR 510 referred to Applicant WAEE v Minister for Immigration Multicultural and Indigenous Affairs (2003) 75 ALD 630 referred to Commissioner for Australian Capital Territory Revenue v Alphaone (1993) 49 FCR 576 referred to Htun v Minister (2001) ALR 244 referred to Kalala v Minister for Immigration and Multicultural Affairs (2001) 114 FCR 212 referred to Kioa v West (1985) 159 CLR 550 applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 applied Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 referred to Paul v Minister (2001) FCR 396 referred to Pilbara Aboriginal Land Council v Minister for Immigration and Multicultural and Indigenous Affairs (2000) 103 FCR 539 referred to Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicant S 154/2002 (2003) 77 ALJR 1909 applied W148/00A v Minister for Immigration and Multicultural Affairs (2001) 185 ALR 703 referred to WACO v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 171 applied WAGO of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 194 ALR 676 referred to NAJK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N1691 of 2003 JACOBSON J 2 MARCH 2004 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA