Hapuarachchige, Walter Chandrakeerthi v Minister for Immigration & Ethnic Affairs [1997] FCA 184

C A T C H W O R D S IMMIGRATION - refugee status - protection visas - well-founded fear of persecution - facts on which fear based - whether to be determined at date of application for refugee status or date of determination of application - whether relevant date of determination is the date of the delegate's decision or the date upon which the Tribunal on review makes its determination - whether Tribunal's decision involved error of law - whether incorrect interpretation of applicable law - whether incorrect application of the law to the facts as found - Minister's delegate found that applicant was refugee upon departure from Germany in mid-1994 - whether, before denying applicant refugee status, Tribunal was required by law to find that there had been a substantial change in Germany since that time - whether there was evidence or other material from which Tribunal could reasonably be satisfied that there had been sufficient and relevant change. Migration Act 1958 (Cth) ss.476(1)(e), 476(1)(g), 476(4)(a) and (b) Minister for Immigration and Ethnic Affairs v. Mohinder Singh (Full Court of the Federal Court of Australia, not yet reported, Judgment No. 17 of 1997, 24 January 1997) Mocan v. Refugee Review Tribunal (1996) 42 ALD 241 Chan Yee Kin v. Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Minister for Immigration and Ethnic Affairs v. Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration, Local Government and Ethnic Affairs v. Che Guang Xiang (Full Court of the Federal Court of Australia, 12 August 1994, unreported, Judgment No. 534 of 1994) Wu Shan Liang v. Minister for Immigration and Ethnic Affairs (1995) 130 ALR 367 WALTER CHANDRAKEERTHI HAPUARACHCHIGE v. THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS No. WAG 75 of 1996 CARR J PERTH 18 MARCH 1997