Singh v Minister for Immigration and Multicultural Affairs

[2001] FCA 1679

Singh v Minister for Immigration and Multicultural Affairs [2001] FCA 1679
Migration

Singh v Minister for Immigration and Multicultural Affairs [2001] FCA 1679

MIGRATION - Application for a protection visa - Tribunal finding that the applicant's claims were implausible - a reason for the finding was the lack of specificity and detail in the applicant's original protection visa application form - whether an error of law was made - whether Tribunal was obliged to provide particulars to the applicant of the lack of specificity and detail in the information in the original application form and invite him to respond - whether applicant denied the opportunity of a successful outcome

Migration Act 1958 - s 424A

Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547 - cited

Carlos v Minister for Immigration and Multicultural Affairs [2001] FCA 301 - applied

Minister for Immigration and Multicultural Affairs v Abdulaziz Al Shamry [2001] FCA 919 - applied

Tin v Minister for Immigration and Multicultural Affairs [2000] FCA 1109 - cited

Paul v Minister for Immigration and Multicultural Affairs [2001] FCA 1196 - considered

Carlos v Minister for Immigration and Multicultural Affairs [2001] FCA 1087 - cited

Naing v Minister for Immigration and Multicultural Affairs [2000] 97 FCR 36 - cited

Nader v Minister for Immigration and Multicultural Affairs [2000] 101 FCR 352 - cited

SURJIT SINGH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

V198 of 2001

JUDGE:       MERKEL J

DATE:       3 DECEMBER 2001

PLACE:       MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V198 OF 2001

BETWEEN:	SURJIT SINGH APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	MERKEL J
DATE OF ORDER:	3 DECEMBER 2001
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.       The application be dismissed.

2.       The applicant pay the respondent's costs of and incidental to 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
VICTORIA DISTRICT REGISTRY	V198 OF 2001

BETWEEN:	SURJIT SINGH APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	MERKEL J
DATE:	3 DECEMBER 2001
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1 The applicant, who is a Sikh and a citizen of India, arrived in Australia during October 1997. Shortly after his arrival he applied to the respondent for a protection visa on the ground that he had a well-founded fear of religious, racial, and political persecution were he to return to India. After the application for a protection visa was refused by a delegate of the Minister the applicant applied to the Refugee Review Tribunal ("the RRT") for the review of the delegate's decision. The RRT affirmed the decision of the delegate not to grant a protection visa. The applicant has applied to the Court for the review of the RRT's decision pursuant to Pt 8 of the Migration Act 1958 ("the Act").

2       He stated that his parents, who are Sikhs, belonged to the Akali Dal, the major Sikh political party, and they…