Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fernando v Minister for Immigration & Multicultural Affairs [2000] FCA 760
IMMIGRATION – application for review of decision of Refugee Review Tribunal refusing grant of protection visa – whether Tribunal erred by failing to engage in reasonable speculation in determining existence of "well-founded fear" of persecution – whether speculation by Tribunal is a requirement in making determination – relevance of availability of State protection to question of whether a "real chance" of persecution exists – whether Tribunal applied a presumption of effective State protection – relevance of "What if I am wrong?" test. Migration Act 1958 ss 420(2)(b), 476(1)(e) Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 at 258 referred to Chen v Minister for Immigration and Multicultural Affairs (2000) 170 ALR 553 at 559-562 referred to Minister for Immigration and Multicultural Affairs v Zamora (1998) 85 FCR 458 referred to Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 referred to Morato v Minister for Immigration, Local Government and Ethnic Affairs (No 2) (1992) 39 FCR 401 referred to Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Minister of Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 referred to Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 referred to Dhiman v Minister for Immigration and Multicultural Affairs [2000] FCA 221 referred to A v Minister for Immigration and Multicultural Affairs [1999] FCA 116 referred to Minister for Immigration and Multicultural Affairs v A (1998) 156 ALR 489 referred to Hathaway The Law of Refugee Status 1991 BANDISATTAMBIGE AJITH SUSANTHA FERNANDO v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 328 of 1999 WEINBERG J 8 JUNE 2000 MELBOURNE
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