Hanna v Minister for Immigration & Multicultural Affairs [1999] FCA 1772

FEDERAL COURT OF AUSTRALIA

Hanna v Minister for Immigration & Multicultural Affairs [1999] FCA 1772 MIGRATION – Migration Act 1958 (Cth) – application for protection visa – whether procedures required by the Act observed in connection with the making of the decision – preparation by Tribunal of written statement – whether obligation or Tribunal to refer to apparently probative material suggesting against finding on material question of fact – what constitutes material question of fact Migration Act 1958 (Cth) ss 36(1), 430, 476(1)(a)] Abdalla v Minister for Immigration and Multicultural Affairs (1998) 51 ALD 11, followed Logenthiran v Minister for Immigration and Multicultural Affairs (Wilcox, Lindgren and Merkel JJ unreported, 21 December 1998), followed Perampalam v Minister for Immigration and Multicultural Affairs [1999] FCA 165, (1999) 84 FCR 274, followed Thevendram v Minister for Immigration and Multicultural Affairs [1999] FCA 182, followed Waugh v Minister for Immigration and Multicultural Affairs [1999] FCA 1464, cited Addo v Minister for Immigration and Multicultural Affairs [1999] FCA 940, referred to Ahmed v Minister for Immigration and Multicultural Affairs [1999] FCA 811, referred to Direse v Minister for Immigration and Multicultural Affairs [1999] FCA 1626, referred to Li Yue v Minister for Immigration and Multicultural Affairs [1999] FCA 1404, referred to Singh v Minister for Immigration and Multicultural Affairs [1999] FCA 1126, referred to DALAL HANNA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 983 of 1999

BRANSON J SYDNEY

17 DECEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 983 of 1999

BETWEEN: DALAL HANNA

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent