Thein v Minister for Immigration & Multicultural Affairs [1999] FCA 246

FEDERAL COURT OF AUSTRALIA

Thein v Minister for Immigration & Multicultural Affairs [1999] FCA 246 IMMIGRATION - Refugee Review Tribunal - did not believe applicant would attract adverse attention of Burmese authority - alleged failure to give reasons - requirement that reasons for all crucial facts be set out - Tribunal's reasoning clear - findings of fact not crucial - Tribunal attributed no weight to testimony of applicant's relative - no doubts as to veracity raised at hearing - Tribunal's discretion to invite applicant's comment on Tribunal's reasons for refusing to grant a visa may be implicitly required by the Migration Act if a serious risk of substantial unfairness - no such risk basis of Tribunal's reasoning logically plausible - case of unfair procedural dealing not made out Migration Act 1958 (Cth): ss 56, 57, 415(2)(c), 420(2)(b), 430, 476(1)(a), 476(2)(b) Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321, referred to Cho v Minister for Immigration and Multicultural Affairs [1998] FCA 1663, applied Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212, referred to Eshetu v Minister for Immigration and Multicultural Affairs (1998) 71 FCR 300, applied Fry v McGufficke [1998] FCA 1499, referred to Minister for Immigration and Multicultural Affairs v Capitly [1999] FCA 193, applied Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 160 ALR 543, referred to Muralidharan v Minister for Immigration and Multicultural Affairs (1996) 62 FCR 402, referred to Sellamuthu v Minister for Immigration and Multicultural Affairs [1999] FCA 247, referred to Sun v Minister for Immigration and Multicultural Affairs (1997) 81 FCR 71, applied THEIN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 411 of 1998

MADGWICK 19 MARCH 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA