Applicant S1983 of 2003 v Minister for Immigration and Citizenship [2007] FCA 854

FEDERAL COURT OF AUSTRALIA

Applicant S1983 of 2003 v Minister for Immigration and Citizenship [2007] FCA 854 MIGRATION – appellant claimed in his protection visa application to fear persecution because he was low caste – discussion at Tribunal hearing as to whether appellant claimed persecution on basis of being a Sindhi or a Dalit (low caste) – whether Tribunal misunderstood distinction between being a Sindhi and a Dalit – whether Tribunal considered appellant's claim to fear persecution on basis of being a Dalit – whether further evidence permitted to be received on appeal regarding the meaning of the terms Sindhi and Dalit – Held: further evidence received on appeal – Tribunal failed to address the claim advanced by the appellant

Evidence Act 1995 (Cth) s 144 Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) s 91(R) Federal Court Rules O 52 r 36

Camden v Commissioners of Inland Revenue [1914] 1 KB 641 cited CDJ v VAJ (1998) 197 CLR 172 cited Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 cited Fodare Pty Limited v Official Trustee in Bankruptcy [2000] FCA 1721 cited MZWVH v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1016 cited State of Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146 cited APPLICANT S1983 OF 2003 v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 144 OF 2007

BRANSON J

8 JUNE 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 144 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: APPLICANT S1983 OF 2003

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: BRANSON J DATE OF ORDER: 8 JUNE 2007