El Hejjar v Minister for Immigration & Multicultural Affairs [2000] FCA 263

FEDERAL COURT OF AUSTRALIA

El Hejjar v Minister for Immigration & Multicultural Affairs [2000] FCA 263

MIGRATION – application for protection visa – claim of well-founded fear of being persecuted for reasons of political opinion or membership of particular social group –review of decision of Refugee Review Tribunal – whether no evidence to justify the making of the decision – where finding by Tribunal that there was no evidence before it of a particular fact – whether there was evidence before the Tribunal establishing that the particular fact did exist – whether persecution feared would be for a Convention reason – whether failure to give adequate reasons – whether failure to follow procedures required by Migration Act 1958 (Cth). Migration Act 1958 (Cth) ss 430, 476(1)(a), (g), (4)(b) Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(h), (3)(b) Broussard v Minister for Immigration Local Government and Ethnic Affairs (1989) 21 FCR 472, cited Arudselvan v Minister for Immigration and Multicultural Affairs [1999] FCA 622; [1999] FCA 1726, cited Chopra v Minister for Immigration and Multicultural Affairs [1999] FCA 480, cited Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212, applied Minister for Immigration and Multicultural Affairs v Yusuf [1999] FCA 1681, cited Xu v Minister for Immigration and Multicultural Affairs [1999] FCA 1741, cited Singh v Minister for Immigration and Multicultural Affairs [1999] FCA 1126, cited Ahmed v Minister for Immigration and Multicultural Affairs (1999) 55 ALD 618, cited Addo v Minister for Immigration and Multicultural Affairs [1999] FCA 940, cited Sivaram v Minister for Immigration and Multicultural Affairs [1999] FCA 1740, cited Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407, cited