Minister for Immigration & Multicultural Affairs v W64/01A [2003] FCAFC 12

FEDERAL COURT OF AUSTRALIA Minister for Immigration & Multicultural Affairs v W64/01A [2003] FCAFC 12 MIGRATION – judicial review – protection visa – Refugee Review Tribunal – well-founded fear of persecution – whether "real chance" of persecution – approach to decision-making by Tribunal – implausibility of claims – non-acceptance of claims – finding claims fabricated – whether implausibility equated to finding of improbability – whether findings excluded any real doubt of occurrence of claimed events of persecution – whether Tribunal failed to undertake "real chance" analysis – relevance of findings of consistency in claims – relevance of absence of adverse findings based upon demeanour – Tribunal reasons to be read as a whole – findings excluded doubt – no error on part of Tribunal – appeal allowed – decision of primary judge setting aside Tribunal decision set aside

Migration Act 1958 (Cth) s 476 Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 cited Abebe v Commonwealth of Australia (1999) 197 CLR 510 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 cited V872 v Minister for Immigration and Multicultural Affairs (2002) 190 ALR 268 cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547 cited Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 84 FCR 411 cited Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 cited Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 192 ALR 256 cited Attorney-General (NSW) v Quin (1990) 170 CLR 1 cited WAAD v Minister for Immigration & Multicultural Affairs [2002] FCAFC 399 cited Kalala v Minister for Immigration and Multicultural Affairs (2001) 114 FCR 212 cited Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 cited