S v Minister for Immigration & Multicultural Affairs [2000] FCA 735

FEDERAL COURT OF AUSTRALIA

S v Minister for Immigration & Multicultural Affairs [2000] FCA 735 MIGRATION – protection visa – review of decision of Refugee Review Tribunal – suggested "What if I am wrong?" test – referral to evidence – whether decision based on non-existent fact WORDS AND PHRASES – "What if I am wrong?" Migration Act 1958 (Cth) ss 430(1), 476(1)(a), (1)(g), 476(4) 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 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 applied R v Wainwright (1895) 13 Cox 171 mentioned Attorney-General (South Australia) v Brown [1960] AC 432 at 454 mentioned Lucas v The Queen (1970) 120 CLR 171 at 174 mentioned Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719 applied Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 160 ALR 24 at 55-57 mentioned Marshood v Minister for Immigration and Multicultural Affairs [1999] FCA 1415 followed Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 at 220 applied S v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NO. V 47 OF 2000 HEEREY J 6 JUNE 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 47 of 2000

BETWEEN: S

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULUTRAL AFFAIRS

Respondent

JUDGE: HEEREY J

DATE OF ORDER: 6 JUNE 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: The application is dismissed with costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 47 of 2000