Avesta v Minister for Immigration & Multicultural Affairs [2002] FCAFC 121

FEDERAL COURT OF AUSTRALIA

Avesta v Minister for Immigration & Multicultural Affairs [2002] FCAFC 121

MIGRATION – citizen of Iran – whether the primary judge erred in rejecting a challenge to the Refugee Review Tribunal's affirmation of the refusal to grant the appellant a protection visa – whether the primary judge erred in law in failing to find that the Tribunal had reached findings not supported by any probative material or logical grounds and had no rational, evidential or logical basis – whether the primary judge erred in law in finding that it was open to the Tribunal to conclude that there were significant inconsistencies in the appellant's evidence – whether the primary judge erred in law in finding that it was open to the Tribunal to conclude that the appellant's evidence was implausible on any material issue – whether the "facts" referred to are "facts" of the kind referred to in the former s 476(1) Migration Act 1958 (Cth) WORDS AND PHRASES – "particular fact" Migration Act 1958 (Cth) s 476 (since repealed), s 430, Part 8 (since repealed)

Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611, referred to Puhlhofer v Hillingdon London Borough Council [1986] AC 484, cited Re Minister for Immigration and Multicultural Affairs; Ex Parte Durairajasingham (1999) 74 ALJR 405; 168 ALR 407, cited Minister for Immigration and Multicultural Affairs v Epeabaka (1998) 84 FCR 411, cited Minister for Immigration and Multicultural Affairs v Perera [2001] FCA 1212, cited Minister for Immigration and Multicultural Affairs v Rajamanikkam (2000) 179 ALR 495, referred to HOSSEIN AVESTA v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS No W 335 of 2001 SPENDER, O'LOUGHLIN, GYLES JJ PERTH 10 MAY 2002

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 335 OF 2001