NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCAFC 263

FEDERAL COURT OF AUSTRALIA

NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2)

[2004] FCAFC 263

MIGRATION – judicial review – protection visa – Refugee Review Tribunal – factual error – misunderstanding of evidence – whether failure to consider claim – whether jurisdictional error – obligation of Tribunal to consider claims arising on material before it – whether obligation to consider claim not expressly articulated – Sri Lankan Tamil – claim of persecution by government and by pro-government group – no express claim of lack of State protection with respect to pro-government group – erroneous conclusion by Tribunal that appellant claimed involvement with pro-government group – whether failure to consider claim – whether allegation of persecution by pro-government group carried implied claim of want of State protection – whether error within jurisdiction

Judiciary Act 1903 (Cth) s 39B

Migration Act 1958 (Cth) s 414,

NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 123 FCR 298 cited

Plaintiff S157/2002 v The Commonwealth (2003) 211 CLR 476 applied

Lobo v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 200 ALR 359 cited

Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 cited

Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 cited

Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 cited

Minister for Immigration and Multicultural Affairs v Tedella (2001) 195 ALR 84 cited

Pollocks v Minister for Immigration and Multicultural Affairs (2001) 195 ALR 73 cited

Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited

Re Minister for Immigration and Multicultural Affairs; Ex parte Cohen (2001) 177 ALR 473 cited