Labed v Minister for Immigration & Multicultural Affairs [2000] FCA 35

FEDERAL COURT OF AUSTRALIA

Labed v Minister for Immigration & Multicultural Affairs [2000] FCA 35

MIGRATION – application for protection visa – claim based on refusal to comply with conscription notice – where Refugee Review Tribunal found applicant had completed military service or was eligible for exemption – what constitutes procedures required in connection with the making of a decision – whether failure to set out findings on material questions of fact – whether failure to refer to evidence or other material on which findings of fact were based – error of law – whether failure to consider substance of claim

Migration Act 1958, s 430(1), s 475(1)(b), s 476(1) Migration Regulations 1994, clause 866.221

Minister for Immigration and Multicultural Affairs v Yusuf [1999] FCA 1681 followed Xu v Minister for Immigration and Multicultural Affairs [1999] FCA 1741 not followed Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402 referred Perampalam v Minister for Immigration and Multicultural Affairs [1999] FCA 165 cited Sellamuthu v Minister for Immigration and Multicultural Affairs [1999] FCA 247 referred Thevendram v Minister for Immigration and Multicultural Affairs [1999] FCA 182 cited Waugh v Minister for Immigration and Multicultural Affairs [1999] FCA 1464 cited Hanna v Minister for Immigration and Multicultural Affairs [1999] FCA 1772 cited Yilmaz v Minister for Immigration and Multicultural Affairs [1999] FCA 1025 referred Minister for Immigration and Multicultural Affairs v Rajalingam [1999 ] FCA 719 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited YAZID LABED v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 290 of 1999 KENNY J MELBOURNE 28 JANUARY 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 290 OF 1999