Applicant A227 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 567

FEDERAL COURT OF AUSTRALIA

Applicant A227 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 567

MIGRATION – jurisdictional error – no evidence – critical findings of fact not supported by the evidence – conclusion that significant improvements in Punjab by late 1992 indicated applicant was not detained by authorities – only evidence before Tribunal was that improvements did not occur until at least 1993 – well-founded fear of persecution – perception of applicant by Punjab authorities.

Migration Act 1958 (Cth)

Attorney-General (New South Wales) v Quin (1990) 170 CLR 1 cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited SFGB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 231 cited APPLICANT A227 OF 2003 v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 776 of 2003 LANDER J 7 MAY 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 776 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: APPLICANT A227 OF 2003

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LANDER J

DATE OF ORDER: 7 MAY 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is allowed. 2. The decision of the Refugee Review Tribunal of 28 August 2002 is quashed. 3. The matter be remitted to the Refugee Review Tribunal for further hearing according to law. 4. The first respondent to pay the applicant's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 776 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA