Nefiodova v Minister for Immigration & Multicultural Affairs [2000] FCA 179

FEDERAL COURT OF AUSTRALIA Nefiodova v Minister for Immigration & Multicultural Affairs [2000] FCA 179 MIGRATION – refugees - appeal from the RRT decision to refuse to grant protection visa – credibility – distinction between a particular fact, an ultimate fact in issue and a conclusion – finding that evidence is fabricated is not a particular fact – whether decision based upon existence of particular facts which did not exist – whether RRT failed to make a finding on a material question of fact – where matter first raised at hearing, which should ordinarily have been raised on an earlier occasion, it may legitimately be relevant to credibility – whether applicant had a well-founded fear of persecution for reason of political opinion – imputed political belief is only relevant where actual belief is absent

Migration Act 1958 (Cth) – ss 36(2), 65(1), 415(1), 425, 430, 430(1)(c), 476(1)(a), 476(1)(g), 476(4), 476(4)(a), 476(4)(b).

Pat Tai Choi v Minister for Immigration & Multicultural Affairs [1998] FCA 1556 applied Yilan v Minister for Immigration & Multicultural Affairs [1999] FCA 854 cited Selvadurai v Minister for Immigration & Ethnic Affairs (1994) 34 ALD 347 cited Randhawa v Minister for Immigration, Local Government & Ethnic Affairs (1994) 52 FCR 437 cited Kopalapillai v Minister for Immigration & Multicultural Affairs (unreported, Full Federal Court of Australia, 8 September 1998) cited Chen v Minister for Immigration & Multicultural Affairs [1999] FCA 34 applied Guden v Minister for Immigration & Multicultural Affairs [1999] FCA 908 applied Vichlenkova v Minister for Immigration & Multicultural Affairs [1999] FCA 1338 cited Fernando v Minister for Immigration & Multicultural Affairs [1999] FCA 962 applied T v Minister for Immigration & Multicultural Affairs [1999] FCA 878 applied Ngo Quang Thuat v Minister for Immigration & Multicultural Affairs [1998] FCA 1489 cited Arudselvan v Minister for Immigration & Multicultural Affairs [1999] FCA 622 cited Curragh Mining Ltd v Daniel (1992) 34 FCR 212 applied Voitenko v Minister for Immigration & Multicultural Affairs [1999] FCA 428 cited Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 cited YHELENA NEFIODOVA v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1055 OF 1999 HELY J 28 FEBRUARY 2000 SYDNEY