Sunarso v Minister for Immigration & Multicultural Affairs [2000] FCA 57

FEDERAL COURT OF AUSTRALIA Sunarso v Minister for Immigration & Multicultural Affairs [2000] FCA 57 MIGRATION – application for refugee status – review of decision of the Refugee Review Tribunal – whether Court to construe reasons for decision of the Tribunal minutely and finely with an eye keenly attuned to the perception of error – whether material before Tribunal required it to deal with issue of employment discrimination – whether Tribunal under duty to deal with daughter's claims of educational difficulties when daughter did not make specific claims under Convention – whether, by virtue of transitional legislation, regulations apply to application for refugee status. WORDS AND PHRASES – "provisions of the … Act" – whether includes delegated legislation made under Act. Australian Citizenship Act 1948 (Cth), s 10(2)(b) Migration Act 1958 (Cth), ss 5(1), 36, 475(1)(b), 486 Migration Legislation Amendment Act 1994 (Cth), s 84, Sch 2 Migration Reform Act 1992 (Cth), s 39 Migration Regulations, Sch 2 , cl 866.22 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, applied A v Minister for Immigration and Multicultural Affairs (1999) 53 ALD 545, followed Kahloo v Minister for Immigration and Multicultural Affairs (FCA: Davies J; unreported; 1 December 1997), cited Kahloo v Minister for Immigration and Multicultural Affairs (FCA: Wilcox, Foster and Lindgren JJ; unreported; 9 November 1998), cited Munkayilar v Minister for Immigration and Multicultural Affairs (1997) 49 ALD 588, cited Mijoljevic v Minister for Immigration and Multicultural Affairs [1999] FCA 834 (Branson J; unreported; 25 June 1999), cited Commissioner for Railways (Queensland) v Peters (1991) 24 NSWLR 407, cited Willingale v Norris [1909] 1 KB 57, followed Wicks v Director of Public Prosecutions [1947] AC 362, cited The Queen v Kirby; Ex Parte Boilermakers' Society of Australia (1956) 94 CLR 254, cited Re Seaview Lord Howe Pty Ltd and Civil Aviation Authority (1995) 38 ALD 422, cited ARIEF SUNARSO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 1343 of 1998 KATZ J 7 FEBRUARY 2000 SYDNEY