Yilan v Minister for Immigration & Multicultural Affairs [1999] FCA 854

FEDERAL COURT OF AUSTRALIA

Yilan v Minister for Immigration & Multicultural Affairs [1999] FCA 854

IMMIGRATION – refugees – obligation of Refugee Review Tribunal to make inquiry – admissibility of evidence in relation to discharge of obligation – no evidence ground for review – existence of a particular fact – admissibility of evidence in relation to non-existence of a particular fact – medical evidence – non-acceptance of factual substratum for medical opinion – rejection of opinion warranted – unavailability of breach of substantial justice requirement as ground for review. Migration Act 1958 (Cth) s 420, s 476 Administrative Decisions (Judicial Review) Act 1975 (Cth)

Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 followed Guo Wei Rong v Minister for Immigration and Ethnic Affairs (1996) 135 ALR 421 followed Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505 applied Kenal Ozberk v Minister for Immigration and Multicultural Affairs (Fed Court, unrep, 19 January 1998) referred to Minister for Immigration and Multicultural Affairs v Singh (1997) 74 FCR 553 applied Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 followed Television Capricornia Pty Ltd v Australian Broadcasting Australia (1986) 13 FCR 511 followed Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1977] AC 1014 followed Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 applied Akers v Minister for Immigration and Ethnic Affairs (1988) 20 FCR 363 followed Lay Kon Tji v Minister for Immigration and Ethnic Affairs (1998) 158 ALR 681 followed Jong Kim Koe v Minister for Immigration and Multicultural Affairs (1997) 74 FCR 508 followed Yao-Jing v Minister for Immigration and Multicultural Affairs (1997) 74 FCR 275applied CIGDEM YILAN v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 203 of 1998