Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gersten v Minister for Immigration & Multicultural Affairs [2000] FCA 855 MIGRATION – refugees – US attorney claimed refugee status based on alleged well-founded fear of persecution on grounds of political opinion – claim rejected by Refugee Review Tribunal and application for judicial review dismissed by primary judge – whether primary Judge erred in making findings of fact and misconceived process of judicial review – whether Tribunal applied wrong causation test – whether Tribunal failed to make material finding of fact – whether wrong test of persecution applied – decision at first instance affirmed.
Migration Act 1958 (Cth),s 476(1)(e)
Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 170 ALR 553 considered R v Immigration Appeal Tribunal; ex parte Shah [1999] 2 AC 629 discussed Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565 referred to Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 referred to Jahazi v Minister for Immigration and Ethnic Affairs (1995) 61 FCR 293 referred to Kanagasabai v Minister for Immigration and Multicultural Affairs [1999] FCA 205 referred to Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 discussed Minister for Immigration and Ethnic Affairs v Guo (1997) 144 ALR 567 referred to Prahastono v Minister for Immigration and Multicultural Affairs (1997) 77 FCR 260 referred to Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 referred to JOSEPH GERSTEN v
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 9 of 2000 HILL, MATHEWS AND LINDGREN JJ 5 JULY 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 9 OF 2000
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: JOSEPH GERSTEN
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