VAAW of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 202

FEDERAL COURT OF AUSTRALIA

VAAW of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 202 MIGRATION – Appeal from primary Judge dismissing application for review of Refugee Review Tribunal ("RRT") decision – argument that there was no evidence or material to justify making of decision by RRT within s 476(1)(g) of Migration Act 1958 (Cth) ("the Act") – no evidence ground – particular finding that the Falun Gong which practices at Jiaotong Park in Shanghai did not have an office at some time after the appellant departed from China – evidence that Falun Gong did not have an office – country information – RRT found that appellant did not have a well-founded fear of persecution in China for a Convention reason – primary Judge concluded that decision of RRT was not based on the fact that the Falun Gong in China could not have had an office – whether primary Judge erred in not finding that the RRT's decision was based on that fact – whether there was evidence to support finding of fact – whether appellant must establish that there was no evidence on which the fact could be found to exist Migration Act 1958 (Cth) s 476

Minister for Immigration and Multicultural Affairs v Rajamanikkam (2002) 190 ALR 402 discussed Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 referred to Minister for Immigration and Multicultural Affairs v Indatissa (2001) 64 ALD 1 referred to Minister for Immigration and Multicultural Affairs v Al-Miahi (2001) 65 ALD 141 referred to VAAW of 2001 v MINISTER FOR IMMIGRATION & MULTICULTURAL AND INDIGENOUS AFFAIRS V 753 of 2002 SPENDER, TAMBERLIN AND KENNY JJ MELBOURNE 27 AUGUST 2003

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 753 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: VAAW OF 2001