A v Minister for Immigration & Multicultural Affairs [1999] FCA 227

FEDERAL COURT OF AUSTRALIA

A v Minister for Immigration & Multicultural Affairs

[1999] FCA 227

MIGRATION – approach to be taken to construction of findings and reasons of administrative decision-makers – whether Administrative Appeals Tribunal should consider issues not identified by parties before it – when person ceases to be a refugee by reason of voluntary re-availment of protection of country of nationality – approach to be taken to question whether crime particularly serious one for purpose of Art 33(2) of the Refugees Convention – whether Art 33(2) requires consideration of community danger as separate question from question of particular seriousness of crime – whether criminal deportation policy mandated application of 'balance of probabilities' test under Art 33(1) – whether, though the Tribunal used the words "no evidence", it really found there was no evidence capable of satisfying it on the relevant question. Migration Act 1958 (Cth) – ss 200, 201 Broussard v Minister for Immigration and Ethnic Affairs (1989) 21 FCR 472 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Betkoshabeh v Minister for Immigration and Multicultural Affairs (1998) 157 ALR 95 Re Ceskovic (1979) 2 ALD 453 US v Rabinowitz 339 US 56 (1950), cited Zizza v Commissioner of Taxation [1999] FCA 37 (Katz J, unreported, 1 February 1999), cited Sullivan v Department of Transport (1978) 20 ALR 323, cited Betkoshabeh v Minister for Immigration and Multicultural Affairs [1999] FCA 16 (Marshall J, unreported, 15 January 1999), cited Hoang v Minister of Employment and Immigration (1990) 120 NR 193, cited INS v Cardoza-Fonseca 480 US 421 (1987), cited Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 151 ALR 685, cited A v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 939 of 1998 BURCHETT, LEE & KATZ JJ 16 MARCH 1999 SYDNEY