Shumilov v Minister for Immigration and Multicultural Affairs

[2002] FCAFC 1

Shumilov v Minister for Immigration & Multicultural Affairs [2002] FCAFC 1

Shumilov v Minister for Immigration & Multicultural Affairs [2002] FCA 36

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC)

The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002.  Single Judge judgments will not be affected and will retain the FCA medium neutral citation.

The transitional arrangements are as follows:

·All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.

·All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series. 

·All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Shumilov v Minister for Immigration & Multicultural Affairs [2002] FCA 36

MIGRATION – appeal from single Judge to Full Court – whether primary Judge erred in holding that RRT decision had not involved error of law within meaning of Migration Act 1958 (Cth) s 476(1)(e) – where evidentiary material before RRT included cable containing statement that Uzbekistani police might subject ethnic Russian Uzbekistanis to closer and more regular attention than ethnic Uzbek Uzbekistanis, although difference in treatment would be marginal – whether reasonably open to read statement as asserting some chance whose probability unspecified that Uzbekistani police might subject ethnic Russian Uzbekistanis to such attention – whether Court should infer that RRT adopted that reading and that it led RRT to conclude no real chance Uzbekistani police would subject appellants to such attention.

WORDS & PHRASES – “marginal”.

Migration Act 1958 (Cth) s 476(1)(e)

SEMYON SHUMILOV & ANOR v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
N 609 of 2001

BRANSON, MANSFIELD & KATZ JJ
5 FEBRUARY 2002
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 609 of 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

SEMYON SHUMILOV
FIRST APPELLANT

GALYA SHUMILOV
SECOND APPELLANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT

JUDGES:

BRANSON, MANSFIELD & KATZ JJ

DATE OF ORDER:

5 FEBRUARY 2002

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1         The appeal be dismissed.

2         The appellants pay the respondent’s costs of the appeal.

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 609 of 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

SEMYON SHUMILOV
FIRST APPELLANT

GALYA SHUMILOV
SECOND APPELLANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT

JUDGES:	BRANSON, MANSFIELD & KATZ JJ
DATE:	5 FEBRUARY 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. There is before the Court an appeal from a judgment of a Judge of the Court: see Shumilov v Minister for Immigration & Multicultural Affairs [2001] FCA 516 (Beaumont J, 27 April 2001, unreported). By that judgment, the primary Judge dismissed an application…