Xu v Minister for Immigration & Multicultural Affairs [1999] FCA 1741

FEDERAL COURT OF AUSTRALIA

Xu v Minister for Immigration & Multicultural Affairs

[1999] FCA 1741

MIGRATION – appeal from an order of a primary judge dismissing an application for review of a decision of the Refugee Review Tribunal ("the Tribunal") – whether failure to comply with s 430 of the Migration Act 1958 (Cth) ("the Act") gives rise to a ground of review in the Federal Court of Australia pursuant to s 476(1)(a) of the Act – whether the Tribunal failed to set out its finding on a material question of fact – meaning of "material questions of fact" in s 430(1)(c) of the Act – content of obligation to refer to evidence and other material in s 430(1)(d) of the Act – whether the Tribunal erred in law in reproducing in block form a previous Tribunal's summary of oral and documentary evidence ADMINISTRATIVE LAW – materiality in connection with the giving of reasons WORDS and PHRASES – "in connection with the making of the decision", "material questions of fact" Migration Act 1958 (Cth) ss 36(2), 368, 415, 417(1), 420, 423, 425, 430, 430(1)(b), 430(1)(c), 430(1)(d), 476(1)(a), 476(1)(g), 476(2), 476(3), 478(1)(b), 485, Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(a), 5(1)(b), 13 Migration Legislation Amendment Act (No 1) 1998 (Cth) Migration Reform Act 1992 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) ss 28, 37 Acts Interpretation Act 1901 (Cth) s 25D Federal Court Rules O 11 r 2(a) Abebe v Commonwealth (1999) 162 ALR 1, applied Addo v Minister for Immigration and Multicultural Affairs [1999] FCA 940, followed Ahmed v Minister for Immigration and Multicultural Affairs [1999] FCA 811, cited Ansett Transport Industries (Operators) Pty Ltd v Wraith (1983) 48 ALR 500, cited Attorney-General (NSW) v Quinn (1989-1990) 170 CLR 1, referred to Australian Heritage Commission v Mt Isa Mines Ltd (1997) 187 CLR 297, cited Australian Securities Commission v Deloitte Touche Tohmatsu (1976) 70 FCR 93, cited Baljit Kaur Singh v Minister for Immigration and Multicultural Affairs [1999] FCA 1126, cited Carmody v MacKellar (1997) 76 FCR 115, referred to Commonwealth of Australia v Human Rights & Equal Opportunity Commission [1999] FCA 1524, applied Hughes v Minister for Immigration & Multicultural Affairs (1998) 53 ALD 607, not followed Kandiah v Minister for Immigration & Multicultural Affairs (Finn J, 3 September 1998, unreported), not followed Kioa v West (1985) 159 CLR 550, referred to Logenthiran v Minister for Immigration and Multicultural Affairs (Wilcox, Lindgren and Merkel JJ, 21 December 1998, unreported), not followed Minister for Aboriginal Affairs v Peko Wallsend Ltd (1986) 162 CLR 24, referred to Minister for Immigration & Ethnic Affairs v Teoh (1995) 183 CLR 273, cited Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, referred to Minister for Immigration & Multicultural Affairs v Epeabaka (1999) 84 FCR 411, referred to Minister for Immigration & Multicultural Affairs v Eshetu (1999) 162 ALR 577, applied Minister for Immigration & Multicultural Affairs v Israelian [1999] FCA 649, discussed Minister for Immigration & Multicultural Affairs v Rajalingham [1999] FCA 719, referred to Minister for Immigration & Multicultural Affairs v Yusuf [1999] FCA 1681, not followed Muralidharan v Minister for Immigration & Ethnic Affairs (1996) 62 FCR 402, distinguished Our Town FM Pty Ltd v Australian Broadcasting Tribunal (1987) 16 FCR 465, distinguished Paramananthan v Minister for Immigration & Multicultural Affairs (1998) 160 ALR 24, not followed Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355, applied Re Palmer (1978) 23 ALR 196, referred to Sivaram v Minister for Immigration and Multicultural Affairs [1999] FCA 1740, followed Soulemezis v Dudley (Holdings) Pty Ltd (1987) 20 NSWLR 247, cited Sun Zhan Qui v Minister for Immigration & Ethnic Affairs (Lindgren J, 6 May 1997, unreported), referred to Tesco Stores v Environment Secretary [1995] 1 WLR 759, referred to Thevendram v Minister for Immigration & Multicultural Affairs [1999] FCA 182, not followed X v Minister for Immigration & Multicultural Affairs [1999] FCA 697, cited