Mohammed v Minister for Immigration & Multicultural Affairs [2000] FCA 264

FEDERAL COURT OF AUSTRALIA

Mohammed v Minister for Immigration & Multicultural Affairs [2000] FCA 264 MIGRATION – review of decision of the Refugee Review Tribunal – well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion and membership of a particular social group – whether failure of Tribunal to raise potential adverse findings with the applicant deprived him of the opportunity to give evidence – need for an opportunity to be genuine – whether failure to give reasons – whether Tribunal is required to identify inconsistencies at the time of the hearing – whether Tribunal made findings based on particular facts that did not exist – distinction between a particular fact, conclusions based upon a particular fact, and observations or comments by the Tribunal. WORDS AND PHRASES – "particular fact" Migration Act 1958 (Cth) ss 424, 425(1)(a), 430(1)(b), (d), 476(1)(g), (4)(b). Administrative Decisions (Judicial Review) Act 1977 (Cth)

Minister for Immigration and Multicultural Affairs v Cho (1999) 164 ALR 339, applied Abebe v The Commonwealth (1999) 162 ALR 1, applied Minister for Immigration and Multicultural Affairs v Yusuf [1999] FCA 1681, referred to Xu v Minister for Immigration and Multicultural Affairs [1999] FCA 1741, referred to Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212, applied Arudselvan v Minister for Immigration and Multicultural Affairs [1999] FCA 622; [1999] FCA 1726, referred to Chopra v Minister for Immigration and Multicultural Affairs [1999] FCA 480, referred to Chen v Minister for Immigration and Multicultural Affairs [1999] FCA 34, referred to Fernando v Minister for Immigration and Multicultural Affairs [1999] FCA 962, referred to MUNTASER IBRAHIM YOUSEF SHEIK MOHAMMED v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1061 OF 1999 SUNDBERG, KATZ and HELY JJ 13 MARCH 2000 SYDNEY