Fernando v Minister for Immigration & Multicultural Affairs [2000] FCA 436

FEDERAL COURT OF AUSTRALIA

Fernando v Minister For Immigration & Multicultural Affairs [2000] FCA 436

IMMIGRATION – application for review of decision of Refugee Review Tribunal – whether Tribunal failed to set out reasons for any material facts – existence of a material fact to be determined in all the circumstances – distinction between a material fact and a mere strand of reasoning in an argument – whether irrationality in setting out reasons provides a ground of review in cases concerned with credit – whether irrationality in determining a jurisdictional fact may take the Tribunal's decision beyond jurisdiction – whether s 476(2)(b) operates effectively as a privative clause to oust the Federal Court's jurisdiction in such cases

Migration Act 1958 (Cth), ss 430(1)(b), 430(1)(c), 476(2)(b), 476(1)(g), 476(4), 485

Careem v Minister for Immigration and Multicultural Affairs [1999] 378, cited. Construction, Forestry, Mining & Energy Union v Australian Industrial Relations Commission (1999) 164 ALR 75, applied. Emiantor v Minister for Immigration and Multicultural Affairs 48 ALD 635, distinguished. Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547, cited. Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 84 FCR 411, cited. Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577, followed. Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 160 ALR 24, distinguished. Sellamuthu v Minister for Immigration and Multicultural Affairs [1999] FCA 247, distinguished. Sundararaj v Minister for Immigration and Multicultural Affairs [1998] FCA 494, distinguished. SONALI DINUSHA FERNANDO v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 564 of 1999 MADGWICK J SYDNEY 7 APRIL 2000

IN THE FEDERAL COURT OF AUSTRALIA