Minister for Immigration & Multicultural Affairs v N989/01 [2002] FCAFC 237

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v N989/01 [2002] FCAFC 237

MIGRATION – refugee – refusal of a protection visa – Refugee Review Tribunal decision based on strong credibility findings against the respondent – disbelieved respondent's claims – whether Tribunal erred in failing to consider the possibility that claims upon which respondent relied may have occurred.

Migration Act 1958 (Cth), ss 414, 476 Abebe v The Commonwealth (1999) 197 CLR 510 referred to Minister for Immigration and Multicultural Affairs v Guo (1997) 191 CLR 559 referred to Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 referred to

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v N989/01

W133 of 2002 HEEREY, CARR & MANSFIELD JJ 16 AUGUST 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W133 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

APPELLANT

AND: N989/01

RESPONDENT

JUDGE: HEEREY, CARR & MANSFIELD JJ

DATE OF ORDER: 16 AUGUST 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders made on 11 April 2002 be set aside and there be substituted for those orders an order that the application be dismissed with costs. 3. The respondent pay the appellant'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

WESTERN AUSTRALIA DISTRICT REGISTRY W133 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

APPELLANT

AND: N989/01