Applicant NG 1352 of 1998 v Minister for Immigration & Multicultural Affairs [1999] FCA 495

FEDERAL COURT OF AUSTRALIA

Applicant NG 1352 v Minister for Immigration & Multicultural Affairs [1999] FCA 495 MIGRATION – whether failure to set out findings on material questions of fact – Migration Act 1958 (Cth) ss 430(1)(c) and 476(1)(a) – Refugee Review Tribunal findings on credibility – Algerian national – evasion of military service – passive membership of Islamic group Migration Act 1958 (Cth) , ss 430(1)(c) and 476(1)(a)

1951 Convention Relating to the Status of Refugees State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (In liq) [1999] HCA 3, cited Sellamuthu v Minister for Immigration & Multicultural Affairs [1999] FCA 247, followed Thevendram v Minister for Immigration and Multicultural Affairs [1999] FCA 182, cited Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 16 ALR 543, cited Navaratne v Minister for Immigration and Multicultural Affairs [1997] FCA 713, cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, cited Hathaway, The Law of Refugee Status, 1991 APPLICANT NG 1352 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 1352 of 1998 TAMBERLIN J SYDNEY

7 MAY 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1352 OF 1998

BETWEEN: APPLICANT NG 1352

Applicant

AND: MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: TAMBERLIN J

DATE OF ORDER: 7 MAY 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1352 OF 1998

BETWEEN: APPLICANT NG 1352

Applicant

AND: MINISTER FOR IMMIGRATION AND