W389/01A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 432

FEDERAL COURT OF AUSTRALIA

W389/01A v Minister for Immigration & Multicultural Affairs[2002] FCFCA 432 MIGRATION – refugee – refusal of a protection visa – whether Tribunal misunderstood the material before it – whether Tribunal acted without authority – whether Tribunal failed to perform its function under the Migration Act 1958 (Cth) – whether Tribunal's conclusions supported by probative material or logical grounds – whether trial Judge erred by finding that the failure of the Tribunal to exercise its power of inquiry under s 427(1)(d) of the Migration Act 1958 (Cth) did not disclose ground for review Migration Act 1958 (Cth) ss 427(1)(d), 430, 476(1)(b), 476(1)(c), 476(1)(e) Administrative Decisions (Judicial Review) Act 1977 (Cth) Gao v Attorney General of the United States (2002) 299 F.3d 266 referred to W68/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 148 referred to Bastanipour v Immigration and Naturalization Service 980 F.2d 1129 (7th Cir. 1992) referred to Buck v Bavone (1976) 135 CLR 110 referred to Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR referred to R v Higher Education Funding Council, Ex parte Institute of Dental Surgery [1994] 1 All ER 651 referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred to Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred to Canada (Director of Investigation and Research) v Southam Inc [1997] 1 SCR 748 referred to Baker v Canada (Minister of Citizenship and Immigration) (1999) 174 DLR (4th) 193 referred to Minister for Immigration & Multicultural Affairs v Perera (2001) FCA 1212 referred to W396/01 v Minister for Immigration & Multicultural Affairs [2002] FCAFC 103 referred to Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135 referred to Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Re Refugee Review Tribunal and Another; Ex parte Aala (2000) 204 CLR 82 referred to X v Commonwealth (1999) 167 ALR 529 referred to Hill v Green (1999) 48 NSWLR 161 referred to Minister for Immigration & Multicultural Affairs v Yusuf (2001) 206 CLR 323 referred to Craig v South Australia (1995) 184 CLR 163 referred to Minister of State for Immigration, Local Government & Ethnic Affairs v Pashmforoosh (1989) 18 ALD 77 referred to Azzi v Minister for Immigration & Multicultural Affairs [2002] FCA 24 referred to Luu v Renevier (1989) 91 ALR 39 referred to Minister for Immigration & Ethnic Affairs v Singh (1997) 74 FCR 553 referred to Re: Minister for Immigration & Multicultural Affairs; Ex parte Cassim (2000) 175 ALR 209 referred to SCAZ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1377 referred to Minister for Immigration & Multicultural Affairs v Anthonypillai [2001] FCA 274 followed Majeed v Minister for Immigration & Multicultural Affairs [2000] FCA 470 referred to Gomez v Minister for Immigration & Multicultural Affairs [2001] FCA 935 referred to Awan v Minister for Immigration & Multicultural Affairs [2001] FCA 1036 referred to [WAEH] v Minister for Immigration & Multicultural Affairs [2002] FCA 6 referred to Kulwant Singh v Minister for Immigration & Ethic Affairs (North J, 21 November 1995, unreported) referred to Airo-Farulla "Rationality and Judicial Review of Administrative Action" (2000) 24 MULR 543