Magyari, Istvan v Minister for Immigration & Multicultural Affairs [1997] FCA 417

CATCHWORDS

IMMIGRATION - review - refugee status - real chance of persecution - subjective and objective test - whether harm feared by the applicant was for a Convention reason - whether incorrect application of the law to the facts - whether incorrect application of applicable law - whether no evidence to justify the making of the decision - interpretation of Migration Act 1958 (Cth) s 476(4) - appropriateness of allegations of actual bias - whether review court should take into account additional material not before tribunal. Migration Act 1958 (Cth) Migration Regulations Professor Hathaway: The Law of Refugee Status: Butterworths Canada Ltd. 1991 B Frelick: Conscientious Objectors as Refugees in V Hamilton, ed., World Refugee Survey: 1986 in Review The Handbook on Procedures and Criteria for Determining Refugee Status published by the Office of the United Nations High Commissioner for Refugees (Re-edited Geneva, January 1992) Habtagiorgis v Minister for Immigration and Multicultural Affairs (unreported: 22 May 1997) Javier v Minister for Immigration and Multicultural Affairs (unreported: 22 May 1997) Beras v Minister for Immigration and Multicultural Affairs (unreported: 22 May 1997) Selvadurai v Minister for Immigration and Ethnic Affairs (1994) 34 ALD 347 Shu Min Pan v The Minister for Immigration and Multicultural Affairs (unreported: 6 November 1996) Hamidi v Minister for Immigration and Ethnic Affairs (unreported: 26 July 1996) Chan Yee Kin v The Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379. Morato v Minister for Immigration, Local Government and Ethnic Affairs (1992) 111 ALR 417 Ram v Minister of Immigration (1995) 57 FCR 565 Applicant A v Minister for Immigration and Ethnic Affairs (1997) 142 ALR 331 Luu v Renevier (1989) 91 ALR 39

Dharam Raj v Minister for Immigration and Ethnic Affairs (unreported: 18 July 1996) Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 136 ALR 481 Xiang Sheng Li v Refugee Review Tribunal (unreported: 23 August 1996) Ali Sabir Malik v The Minister for Immigration and Ethnic Affairs (unreported: 4 April 1997) Attorney-General for the Northern Territory v Minister for Aboriginal Affairs (1989) 23 FCR 536 Mendoza v Minister for Immigration (1991) 31 FCR 405 No SG 54 of 1996 ISTVAN MAGYARI v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS O'Loughlin J Adelaide 22 May 1997