A v Minister for Immigration & Multicultural Affairs [1998] FCA 1738

FEDERAL COURT OF AUSTRALIA

Migration – application for judicial review of Refugee Review Tribunal decision – refusal to grant protection visa – Libyan citizen's claim of well-founded fear of persecution for reasons of political opinion – proper approach to findings as to alleged past events – when Tribunal excused from taking into account chance that alleged past events occurred – whether Tribunal required to state what kind of political activity would lead to persecution in Libya.

Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Emiantor v Minister for Immigration and Multicultural Affairs (1997) 48 ALD 635 Minister for Immigration and Ethnic Affairs v Guo (1997) 144 ALR 567

Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Mr A v Minister for Immigration and Multicultural Affairs (unreported, Hely J, Federal Court of Australia, 17 November 1998)

Rajalingam v Minister for Immigration and Multicultural Affairs (unreported, Ryan J, Federal Court of Australia, 14 September 1998)

Uma Chand v Minister for Immigration and Ethnic Affairs (unreported, von Doussa, Moore and Sackville JJ, Federal Court of Australia, 7 November 1997) Migration Act 1958 (Cth) – ss 430(1), 476(1)(a) & (e) A v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS NG 1053 KATZ J 31 DECEMBER 1998 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1053 of 1998

BETWEEN: A

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

JUDGE: KATZ J

DATE OF ORDER: 31 DECEMBER 1998

WHERE MADE: SYDNEY

minutes of order

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.