X v Minister for Immigration & Multicultural Affairs [2000] FCA 702

FEDERAL COURT OF AUSTRALIA

"X" v Minister for Immigration & Multicultural Affairs [2000] FCA 702 MIGRATION – whether applicant had a well-founded fear of persecution – whether "differential risk" required in ethnic conflict – whether Tribunal erred in not making findings in relation to material relied upon as a reason for the applicant's fear of persecution – duty of Tribunal to have regard to all the material and evidence before it and to make finding on all material questions of fact raised by evidence. Migration Act 1958 (Cth) s 430, 476 (1)(a) and (1)(g) Abdi v Minister for Immigration and Multicultural Affairs [1998] FCA 1335, considered Adan v Secretary of State for the Home Department [1998] 2 WLR 702, cited Minister for Immigration and Multicultural Affairs v Abdi (1999) 162 ALR 105, applied Logenthiran v Minister for Immigration and Multicultural Affairs (1999) 56 ALD 639, applied Minister for Immigration and Multicultural Affairs v Yusuf [1999] FCA 1681, followed Xu v Minister for Immigration and Multicultural Affairs [1999] FCA 1741, not followed Labed v Minister for Immigration and Multicultural Affairs [2000] FCA 35, considered Montes-Granados v Minister for Immigration and Multicultural Affairs [2000] FCA 60, considered Ahmed v Minister for Immigration and Multicultural Affairs (1999) 55 ALD 618, considered Addo v Minister for Immigration and Multicultural Affairs [1999] FCA 940, not followed Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28, applied Thevendram v Minister for Immigration and Multicultural Affairs [1999] FCA 182, applied Sivaram v Minister for Immigration and Multicultural Affairs [1999] FCA 1740, considered Applicant A & Another v Minister for Immigration and Ethnic Affairs (1997) 142 ALR 331, considered Murugasu v Minister for Immigration and Ethnic Affairs (unreported, Federal Court of Australia, 28 July 1987), cited Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 1, cited "X" v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS VG 366 OF 1998 NORTH J 29 MAY 2000 MELBOURNE