Naing v Minister for Immigration and Multicultural Affairs

[2000] FCA 344

FEDERAL COURT OF AUSTRALIA

Naing v Minister for Immigration & Multicultural Affairs [2000] FCA 344

MIGRATION – refugees – appeal from Refugee Review Tribunal decision to refuse to grant protection visa – whether s 424A of the Migration Act 1958 (Cth) is restricted to information specific to the applicant – whether Refugee Review Tribunal required to produce copy of transcript or tapes of hearing where it draws applicant’s attention to evidence which might cast doubt on the applicant’s evidence obtained in another application – whether the Refugee Review Tribunal misconceived its powers under s 415 of the Migration Act 1958 (Cth).

Migration Act 1958 (Cth) ss 415, 424A, 430, 476, 481
Migration Regulations 1994 reg 4.35(2)(b)

Xu v Minister for Immigration and Multicultural Affairs [1999] FCA 174 considered
Minister for Immigration and Multicultural Affairs v Yusuf [1999] FCA 1681 considered
Montes-Granados v Minister for Immigration and Multicultural Affairs [2000] FCA 60 considered
Minister for Immigration and Multicultural Affairs v Kandasamy [2000] FCA 67 referred to

ZIN WAI NAING v

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 735 of 1999

HILL J
31 MARCH 2000
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 735 OF 1999

BETWEEN:	ZIN WAI NAING APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	HILL J
DATE OF ORDER:	31 MARCH 2000
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant pay the respondent’s costs.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 735 OF 1999

BETWEEN:	ZIN WAI NAING APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	HILL J
DATE:	31 MARCH 2000
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The applicant, Zin Wai Naing, applies to the Court for judicial review of a decision of the Refugee Review Tribunal (“the Tribunal”) which affirmed the decision of the respondent Minister for Immigration and Multicultural Affairs, refusing to grant him a protection visa. The application is made under s 476 of the Migration Act 1958 (“the Act”). 

2. As set out in its amended form, the application is based on two grounds. The first is that the Tribunal erred in law in interpreting s 424A of the Act as restricted to information specific to the applicant and also in interpreting its powers under s 415 of the Act. The second ground alleges a failure of the Tribunal to observe procedures required by the Act to be observed by it in failing to make a finding in respect of material facts, those being said to be:

   “1.Whether or not the applicant participated in a funeral for U Nu and distributed pamphlets for the pro-democracy movement in Burma in February 1995.

   2.Whether the applicant was caned for expressing his political opinion through a black ribbon protest.”

3. Under this heading it is also alleged that the Tribunal failed to comply with s 424A in not supplying sufficient…