Emiantor, Eric v The Minister for Immigration & Multicultural Affairs [1997] FCA 1356

FEDERAL COURT OF AUSTRALIA MIGRATION - Refugee status - review of decision of Refugee Review Tribunal ("RRT") that it was not satisfied that applicant is a refugee - findings on credibility - fact finding in refugee cases - application of principles from Chan - relevance of findings on past facts to findings as to future - whether RRT required to consider whether its findings as to past and future events might be wrong - whether finding required to be made as to existence of applicants' subjective fear - whether any failure of RRT to act according to substantial justice and the merits of the case as required by s 420 of the Migration Act 1958 - 'internal relocation' - whether relocation reasonable and availability of protection meaningful ADMINISTRATIVE LAW - whether actual bias on part of RRT - whether constructive failure to exercise jurisdiction - whether findings on credibility in a decision as to satisfaction are reviewable as an error of law. Migration Act 1958 (Cth) s 36 Migration Regulations 1994 (Cth) reg 866.221 Geneva Convention relating to the Status of Refugees New York Protocol relating to the Status of Refugees Guo v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 151 considered Chan v Minister for Immigration and Ethnic Affairs (1989)169 CLR 379 applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied Minister for Immigration and Ethnic Affairs v Guo (1997) 144 ALR 567 applied Thambythurai v Minister for Immigration and Multicultural Affairs (Federal Court of Australia, Finkelstein J, 16 September 1997, unreported) considered Eshetu v Minister for Immigration and Multicultural Affairs (1997) 145 ALR 621 considered Li v Minister for Immigration and Multicultural Affairs (1997) 144 ALR 179 considered Noble v Repatriation Commission (Full Court of the Federal Court, 3 November 1997, unreported) applied Ex parte Hebburn Ltd; Re Kearsley Shire Council (1947) SR (NSW) 416 considered Sinclair v Maryborough Mining Warden (1975) 132 CLR 473 considered Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 124 ALR 265 applied ERIC EMIANTOR v THE MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS VG721 of 1996