Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural Affairs v Epeabaka [1999] FCA 1
MIGRATION – whether Tribunal's findings of fact disclose an error of law - whether Tribunal's reasoning is "illogical" – whether illogicality is a ground for review under the Migration Act 1958 – standard of proof to be applied by Tribunals in making findings of fact Migration Act 1958 (Cth) s 476 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 at 357 considered Chan v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 at 413 cited Minister for Immigration & Ethnic Affairs v Guo (1997) 144 ALR 567 at 578 – 579 cited Minister for Immigration & Ethnic Affairs v Teo (1995) 57 FCR 194 at 199 – 200 cited Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 282 – 283, 293 - 294 cited Pochi v Minister for Immigration & Ethnic Affairs (1979) 2 ALD 33 at 41 considered Pochi v Minister for Immigration & Ethnic Affairs (1980) 4 ALD 139 at 155 - 156 considered Powley v Crimes Compensation Tribunal (1996) 11 VAR 146 at 156 – 157 considered Roads Corporation v Dacakis [1995] 2 VR 508 at 517 – 520 considered
MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v FAUSTIN EPEABAKA VG 19 OF 1998 JUDGES: BLACK CJ, VON DOUSSA & CARR JJ DATE: 6 JANUARY 1999 PLACE: MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 19 of 1998
BETWEEN: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
APPELLANT
AND: FAUSTIN EPEABAKA
RESPONDENT
JUDGES: BLACK CJ, VON DOUSSA & CARR JJ
DATE OF ORDER: 6 JANUARY 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders made on 10 December 1997 be set aside. 3. In lieu of the orders made on 10 December 1997, the application for review of the decision of the Refugee Review Tribunal, made on 17 January 1997, be dismissed with costs. 4. The respondent pay the costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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