T v Minister for Immigration & Multicultural Affairs [1999] FCA 878

FEDERAL COURT OF AUSTRALIA

"T" v Minister for Immigration & Multicultural Affairs [1999] FCA 878 MIGRATION - application for judicial review of Refugee Review Tribunal decision refusing grant of a protection visa - applicant citizen of Tunisia - Tribunal made adverse findings about the applicant's credibility when he failed to demonstrate a standard of knowledge on certain issues that the Tribunal expected a person in his position to hold - whether manner in which Tribunal conducted hearing or its reasons for decision demonstrated actual or ostensible bias - whether Tribunal's unfair treatment of some of the applicant's evidence amounted to reviewable error - whether the Tribunal based its decision on facts which did not exist - whether facts relevant only to evaluating the credit of the applicant can be viewed as facts upon which a decision in "based" - proper approach when other material exists which justifies the Tribunal forming an adverse opinion of the applicant. Migration Act 1958 (Cth) ss 476(1)(b), 476(1)(e) and s 476(1)(f) Sun Zhan Qui v Minister for Immigration & Multicultural Affairs (1997) 81 FCR 71 distinguished Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 applied Pat Tai Choi v Minister for Immigration & Multicultural Affairs [1998] FCA 1556 applied Ngo Quang Thuat v Minister for Immigration & Multicultural Affairs [1998] FCA 1489 considered Abdalla v Minister for Immigration & Multicultural Affairs (1998) 51 ALD 11 cited Saeed Rangin v Minister for Immigration & Multicultural Affairs [1998] FCA 369 cited Kathiresan v Minister for Immigration & Multicultural Affairs [1998] FCA 159 cited "T" v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS NG 993 OF 1998 MOORE J

SYDNEY 30 JUNE 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 993 OF 1998