Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Migration - application for review of decision by Refugee Review Tribunal refusing grant of a protection visa – whether persecution requires 'systematic harassment' - whether the Tribunal failed to give reasons for its decision – whether the Tribunal failed to set out its findings on material questions of fact. Migration Act 1958 (Cth), ss 36(2), 430(1), 476(1)(a), 476(1)(b), 476(1)(e). Convention Relating to the Status of Refugees, Article 1A(2).
Minister for Immigration and Ethnic Affairs v Guo (1997) 144 ALR 567, referred to. Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, cited. Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225, cited. Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565, referred to. Mohamed v Minister for Immigration and Ethnic Affairs, unreported, 11 May 1998, Hill J, referred to. Murugasu v Minister for Immigration and Ethnic Affairs, unreported, 28 July 1987, Wilcox J, referred to. Abdalla v Minister for Immigration and Ethnic Affairs, unreported, 20 August 1998, Full Court, referred to. Adan v Secretary of State for the Home Department [1998] 2 WLR 702, cited. Kabail v Minister for Immigration and Ethnic Affairs, unreported, 3 September 1998, Burchett J, cited. Hamad v minister for Immigration and Multicultural Affairs, unreported, 4 November 1998, Moore J, cited. Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280, cited. Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, cited. Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402, followed. Baxter Healthcare Pty Ltd v Comptroller-General of Customs (1997) 72 FCR 467, cited. Commonwealth v Borg (1991) 20 AAR 299, cited. Zayout v Minister for Immigration and Ethnic Affairs, unreported, 30 October 1998, Hill J. Rich Rivers Radio Pty Ltd v Australian Broadcasting Tribunal (1989) 22 FCR 437, cited. Our Town FM Pty Ltd v Australian Broadcasting Tribunal (No 1) (1987) 16 FCR 465, followed.
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