Cho v Minister for Immigration & Multicultural Affairs [1998] FCA 1663

FEDERAL COURT OF AUSTRALIA IMMIGRATION - review of decision of Refugee Review Tribunal – whether Tribunal correctly applied the "real chance" test – whether Tribunal failed to "review" the applicant's case in that it failed to consider the entirety of her claims – whether Tribunal failed to set out its findings on material questions of fact – Tribunal member represented to applicant that he would give her an opportunity to respond to any adverse concern he had about her evidence – no indication given at hearing – subsequent adverse findings made – discussion of requirement by Migration Act for procedural fairness – error of law under s 476(1)(a) – issue of credibility – adverse inference drawn about applicant's credibility – subsequent adverse finding made – no evidence to support adverse finding – duty to enquire or permit applicant an opportunity to respond Migration Act 1958 (Cth), ss 476, 414, 420(2)(b), 430 Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300, considered Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505, referred to Ayoub v Minister for Immigration and Multicultural Affairs (Federal Court of Australia, Tamberlin J, 20 August 1998), referred to Minister for Immigration and Ethnic Affairs v Singh (1997) 144 ALR 284, referred to Chen Xin He v Minister for Immigration and Ethnic Affairs (Federal Court of Australia, Nicholson J, 23 November 1995), referred to Minister for Immigration and Multicultural Affairs v Djalal (unreported, Federal Court of Australia, Full Court, 10 December 1998), distinguished

CHO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

NG 441 of 1998

MADGWICK J SYDNEY 22 DECEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 441 of 1998

BETWEEN: thin thin CHO