Chopra v Minister for Immigration & Multicultural Affairs [1999] FCA 480

FEDERAL COURT OF AUSTRALIA

Chopra v Minister for Immigration & Multicultural Affairs [1999] FCA 480

IMMIGRATION – refugees – interpretation and application of test for persecution – 'course of systematic conduct' – 'well-founded fear of being persecuted' – whether decision of Refugee Review Tribunal based on finding of fact that did not exist.

PRACTICE & PROCEDURE – application for leave to adduce fresh evidence – whether 'almost certain' or 'significant possibility' that an opposite result would have been reached by the primary judge.

Migration Act 1958 (Cth), ss 5(1), 36(2), 420, 476(1)(e) 476(1)(g), 476(4)(a), 476(2)(b)

Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5(1)(h), 5(3)

Federal Court of Australia Act 1976 (Cth), s 27 Chopra v Minister for Immigration and Multicultural Affairs (1997) 49 ALD 534 affirmed Chan Yee Kin v The Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, 388, 429-430 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Periannan Murugasu v Minister for Immigration and Ethnic Affairs (unreported, Federal Court, 28/7/87) at 13 referred to Abdalla v Minister for Immigration and Multicultural Affairs (1998) 51 ALD 11 at 20 applied Mohamed v Minister for Immigration and Ethnic Affairs [1998] FCA 485 at pp 10-11 referred to Kabail v Minister for Immigration and Multicultural Affairs [1998] FCA 1074 referred to Hamad v Minister for Immigration and Multicultural Affairs [1998] FCA 1395 referred to Anjum v Minister for Immigration and Ethnic Affairs [1998] FCA 1633 referred to Perampalam v Minister for Immigration and Multicultural Affairs (1998) 158 ALR 609 at 615 referred to Perampalam v Minister for Immigration and Multicultural Affairs [1999] FCA 165 at par 13 referred to Zayout v Minister for Immigration and Multicultural Affairs [1998] FCA 1420 referred to Lunardi v Minister for Immigration and Multicultural Affairs [1998] FCA 1091 referred to Mohammed v Minister for Immigration and Multicultural Affairs [1998] FCA 1077 referred to Mohamed v Minister for Immigration and Multicultural Affairs [1999] FCA 371 referred to Paramananthan v Minister for Immigration and Multicultural Affairs and Minister for Immigration and Multicultural Affairs v Vijayakumar Sivarasa (1998) 160 ALR 24 referred to Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402 at 405 referred to Minister for Immigration and Multicultural Affairs v Hamad [1999] FCA 306 at pars 17-23 referred to Ibrahim v Minister for Immigration and Multicultural Affairs [1999] FCA 374 at pars 25, 26 referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 at 357 referred to Chen v Minister for Immigration and Multicultural Affairs [1999] FCA 34 at par 31 referred to Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 at 220-1 applied Ratten v The Queen (1974) 131 CLR 510 referred to Arnotts Ltd v Trade Practices Commission (1990) 24 FCR 313 at 367-9 referred to Orr v Holmes (1948) 76 CLR 632 at 642 referred to Gallagher v The Queen (1986) 160 CLR 392 at 396, 402 referred to