Rahman v Minister for Immigration & Multicultural Affairs [1999] FCA 846

FEDERAL COURT OF AUSTRALIA

Rahman v Minister for Immigration & Multicultural Affairs [FCA] 846 MIGRATION – Refugee application – Review of Tribunal decision – Claim of fear of persecution on account of political opinion – Applicant involved in student politics in Bangladesh – Student groups reflected national political parties and issues – Some student leaders killed – Issue as to whether applicant ceased to be politically active well before departure from Bangladesh – Tribunal disbelieved many claims – Interpretation difficulties at hearing – Whether Tribunal erred in law in finding discrepancies in evidence, given the interpretation difficulties – Whether Tribunal member was affected by actual bias – Whether Tribunal failed to make findings on a material question of fact. Migration Act 1958, ss 430 and 476 MOHAMMAD SADIQUR RAHMAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N176 of 1999 WILCOX J 24 JUNE 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N176 OF 1999

BETWEEN: MOHAMMAD SADIQUR RAHMAN

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: WILCOX J

DATE OF ORDER: 24 JUNE 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant, Mohammad Sadiqur Rahman, pay the costs of the respondent, Minister for Immigration and Multicultural Affairs.

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 N176 OF 1999

BETWEEN: MOHAMMAD SADIQUR RAHMAN

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: WILCOX J

DATE: 24 JUNE 1999

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 WILCOX J: This is an application for review of a decision of the Refugee Review Tribunal refusing an application for a protection visa.