Marshood v Minister for Immigration & Multicultural Affairs [1999] FCA 1415

FEDERAL COURT OF AUSTRALIA

Marshood v Minister for Immigration & Multicultural Affairs [1999] FCA 1415 MIGRATION - Refugee status - Tribunal's decision vitated by legal error - interpretation of "refugee" - reviewable error by failure to assess all sources of alleged persecution against the "real chance" test - where test not applied to applicants' particular circumstances as apostates - religious conversion also ignored when determining prospects of State protection - consideration of "no evidence" ground in relation to inessential findings of fact CONSTITUTIONAL LAW - Whether Tribunal's decision ultra vires because it involved an exercise of judicial power Migration Act 1958 ss 5(1), 36(2), 476(1)(e), 476(1)(g), 476(4) Administrative decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(h), 5(3) Judiciary Act 1903 (Cth) s 78B Constitution 51(xix) Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 Refd to Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 Cited Chan Yee Kin v The Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Cited Chan Ru Mei v The Minister for Immigration and Ethnic Affairs (1995) 130 ALR 405 Cited Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402 Refd to Western Television Ltd v Australian Broadcasting Tribunal (1986) 12 FCR 414 Cited Television Capricornia Pty Ltd v Australian Broadcasting Tribunal (1986) 70 ALR 147 Cited, Refd to Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 Approved, Refd to N44 v Minister for Immigration and Multicultural Affairs [1999] FCA 1127 Approved The Attorney-General of the Commonwealth v Breckler [1999] HCA 28 Refd to Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 Refd to

WALID ABU MARSHOOD AND KADIJEH WALID ABDALLA MARSHOOD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS