Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural Affairs v Rajalingam [1999] FCA 719 MIGRATION – fact-finding by Refugee Review Tribunal - speculation as to the future –so-called "What if I am wrong?" test an aspect of determining whether an applicant has a well-founded fear of persecution WORDS AND PHRASES: "What if I am wrong?"
Migration Act 1958 (Cth), ss 36(2), 48B, 65(1), 411(1), 412, 414(1), 415(1), 417, 420(2), 430(1), 431, 475(1), 476(1), 481(1), 485(1)
Migration Regulations 1994 (Cth), Sch 2
Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, followed Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559, followed Malec v JC Hutton Pty Ltd (1990) 169 CLR 638, cited Sellars v Adelaide Petroleum NL (1994) 179 CLR 332, cited Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, cited Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 160 ALR 543, followed Kopalapillai v Minister for Immigration and Multicultural Affairs, unreported, Full Federal Court, 8 September 1998, cited Abebe v The Commonwealth; Re Minister for Immigration and Multicultural Affairs; Ex parte Abebe (1999) 162 ALR 1, discussed Luu v Renevier (1989) 91 ALR 39, cited Minister for Immigration and Ethnic Affairs v Singh (1997) 74 FCR 553, cited Attorney-General (NSW) v Quin (1990) 170 CLR 1, cited Wu v Minister for Immigration and Ethnic Affairs (1994) 48 FCR 294, cited Wu v Minister for Immigration and Ethnic Affairs (No 2) (1994) 51 FCR 232, cited Thanh Phat Ma v Billings (1996) 71 FCR 431 cited Guo v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 151, cited Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280, cited Eshetu v Minister for Immigration and Ethnic Affairs (1997) 71 FCR 300, cited Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21, followed Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71, cited X v Minister for Immigration and Multicultural Affairs [1999] FCA 697, cited Chand v Minister for Immigration and Ethnic Affairs, unreported, von Doussa, Moore, Sackville JJ, 7 November 1997, cited Zuway v Minister for Immigration and Ethnic Affairs [1998] FCA 1738, cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321, cited Roads Corporation v Dacakis [1995] 2 VR 508, cited
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