Adam v Minister for Immigration & Multicultural Affairs [1999] FCA 387

FEDERAL COURT OF AUSTRALIA

Adam v Minister for Immigration & Multicultural Affairs

[1999] FCA 387 IMMIGRATION – Refugees – Refugee Review Tribunal – Refusal of application for protection visa – Whether Tribunal failed to speculate – Whether Tribunal obliged to make inquiries of those who write letters supporting applicant's case – Whether Tribunal failed to look into future – Whether illogicality in Tribunal's reasoning a ground of review – Whether Tribunal merely pretended to apply real chance test. Migration Act 1958 s 420(2)(b) The Minister v Wu Shan Liang (1996) 185 CLR 259 cited Guo v The Minister (1996) 64 FCR 151 mentioned The Minister v Guo (1997) 191 CLR 559 applied Trevanathan v The Minister (unreported, 24 December 1997) applied Zuway v The Minister (unreported, 31 December 1998) applied Emiantor v The Minister (1997) 48 ALD 635 mentioned Singh v The Minister (1997) 144 ALR 284 mentioned Mok v The Minister (1993) 47 FCR 1 mentioned The Minister v Epeabaka (unreported, 6 January 1999) applied Roads Corporation v Ducakis [1995] 2 VR 508 applied Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 applied

FATH ELRAHMAN MOHAMED ADAM v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

VG 660 OF 1998 SUNDBERG J 8 APRIL 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 660 OF 1998

BETWEEN: FATH ELRAHMAN MOHAMED ADAM

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: SUNDBERG J

DATE OF ORDER: 8 APRIL 1999

WHERE MADE: MELBOURNE

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

IN THE FEDERAL COURT OF AUSTRALIA