Raza v Minister for Immigration & Multicultural Affairs [2002] FCAFC 82; [2002] FCA 350

Raza v Minister for Immigration & Multicultural Affairs [2002] FCAFC 82 Raza v Minister for Immigration & Multicultural Affairs [2002] FCA 350

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

Raza v Minister for Immigration & Multicultural Affairs [2002] FCA 350

MIGRATION - judicial review - refugees - real chance assessment - whether doubt as to nationality should be subject of real chance assessment - whether Tribunal obliged to make finding as to nationality to avoid breach of non-refoulement obligation - whether finding that linguistic report "not evidence" was erroneous Migration Act 1958 (Cth) s 476 Minister for Immigration and Multicultural Affairs v Al-Sallal (1999) 94 FCR 549 Minister for Immigration and Multicultural Affairs v Applicant C [2001] FCA 1332 Hussaini v Minister for Immigration and Multicultural Affairs [2002] FCA 104 GHULAM RAZA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S162 OF 2001 FRENCH, MERKEL AND GYLES JJ 28 MARCH 2002 MELBOURNE (Heard in Adelaide)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S162 OF 2001

On Appeal from a Single Judge of the Federal Court of Australia