Mr A v Minister for Immigration & Multicultural Affairs [1999] FCA 1086

FEDERAL COURT OF AUSTRALIA

Mr A v Minister for Immigration & Multicultural Affairs [1999] FCA 1086 MIGRATION – refugees – decision of Refugee Review Tribunal that appellant not a person to whom Australia had protection obligations – whether Tribunal's finding based on existence of a particular fact that did not exist – whether Tribunal erred in failing to observe procedures that were required to be observed by the Act – whether Tribunal's reasons set out findings of fact that were not supported by logical grounds or by reference to probative material – whether Tribunal's reasons were adequate for the purposes of the Act.

Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) Pt 7 Div 3, Pt 8; ss 36(2), 57, 65, 65(1)(a)(ii), 414, 415, 417, 420, 420(2)(b), 424, 424A, 424B, 424C, 425, 425A, 425(1), 430, 430(1), 476, 476(1)(a), 476(1)(d), 476(1)(g), 476(2)(a), 476(4)(b) Migration Legislation Amendment Act (No 1) 1998 (Cth)

Federal Court Rules O 52 r 36 Migration Regulations 1994 (Cth) reg 4.33(1), 4.33(2)

M Aronson, B Dyer, Judicial Review of Administrative Action (Sydney: LBC Information Services, 1996) P Bayne, The Inadequacy of Reasons as an Error of Law (1992) 66 ALJ 302 P P Craig, Administrative Law (3rd Ed), (London: Sweet & Maxwell, 1994) de Smith, Woolf & Jowell, Judicial Review of Administrative Action (5th Ed), (London: Sweet & Maxwell, 1995) T Thawley, "An Adequate Statement of Reasons for an Administrative Decision", Australian Journal of Administrative Law 3 (1996) 189 W Wade, Administrative Law (6th Ed), (Oxford: Clarendon Press, 1988) Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 followed Minister for Immigration and Multicultural Affairs v Amani [1999] FCA 1040 cited Sellamuthu v Minister for Immigration and Multicultural Affairs [1999] FCA 247 cited Minister for Immigration and Multicultural Affairs v Cho [1999] FCA 946 cited Chopra v Minister for Immigration and Multicultural Affairs [1999] FCA 480 cited Fares Rural Meat and Livestock Co Pty Ltd v Australian Meat and Live-Stock Corporation (1990) 96 ALR 153 cited R v Connell; Ex parte The Hetton Bellbird Collieries Limited (No 2) (1994) 69 CLR 407 cited Buck v Bavone (1976) 135 CLR 110 cited Waterford v The Commonwealth of Australia (1987) 163 CLR 54 cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Puhlhofer v Hillingdon London Borough Council [1986] AC 484 cited Dornan v Riordan (1990) 24 FCR 564 cited Curtis v London Rent Assessment Committee [1997] 4 All ER 842 cited Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 84 FCR 411 cited Friends of Hinchinbrook Society Inc v Minister for Environment (No 2) (1997) 69 FCR 28 cited Minister for Immigration and Multicultural Affairs v Hughes [1999] FCA 325 cited Tyson v Brisbane Market Freight Brokers Pty Ltd (1994) 120 ALR 1 cited MR A v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 1289 OF 1998 LEE, MOORE AND KATZ JJ 12 AUGUST 1999 SYDNEY