Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural Affairs v Zheng [2000] FCA 50 ADMINISTRATIVE LAW – refugee – whether Tribunal erred in finding applicant had well-founded fear of persecution – whether failure to make finding of material facts. Migration Act 1958, s 476 and s 430 Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 cited Minister for Immigration & Multicultural Affairs v Yusuf [1999] FCA 1681 (unreported, Heerey, Merkel and Goldberg JJ) discussed Xu v Minister for Immigration & Multicultural Affairs [1999] FCA 1741 discussed State of Western Australia v Wardley Australia Ltd (1991) 102 ALR 213 cited Transurban City Link Ltd v Allan [1999] FCA 1723 cited Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v MING XIONG ZHENG N 607 OF 1999 HILL, WHITLAM AND CARR JJ 10 FEBRUARY 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 607 OF 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT
BETWEEN: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
APPELLANT
AND: MING XIONG ZHENG
RESPONDENT
JUDGE: HILL, WHITLAM AND CARR JJ
DATE OF ORDER: 10 FEBRUARY 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the primary judge be set aside and in lieu thereof the decision of the Refugee Review Tribunal be affirmed. 3. The respondent pay the appellant's costs of the appeal and at first instance. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 607 OF 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT
BETWEEN: MINISTER FOR IMMIGRATION AND
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