Minister for Immigration & Multicultural Affairs v Li Yue [2000] FCA 856

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Li Yue [2000] FCA 856 MIGRATION – Refugees – Refugee Review Tribunal misread visa application as claiming that applicant had continued to be employed until 1997, whereas her claim elsewhere in the application and before Tribunal was to have been dismissed from employment for reason of her political opinions in May 1995 – Tribunal found as a fact that she had continued in employment until 1997 – Tribunal disbelieved applicant's account of persecution generally on bases that did not depend on her supposed claim in her visa application to have been employed until 1997 – whether Tribunal referred to evidence or other material on which its findings of fact were based for purposes of para 430(1)(d) – whether decision based on a particular fact that did not exist for purposes of s 476(4)(b) – whether there was evidence or other material to justify making of decision for purposes of s 476(1)(g) Migration Act 1958 (Cth) ss 430(1)(d); 476(1)(a), (g); (4)(b)

Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212, applied Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321, applied Television Capricornia Pty Ltd v Australian Broadcasting Tribunal (1986) 13 FCR 511, cited Pat Tai Choi v Minister for Immigration and Multicultural Affairs [1998] FCA 1556, cited Tuli v Minister for Immigration and Multicultural Affairs [1999] FCA 271, cited T v Minister for Immigration and Multicultural Affairs [1999] FCA 878, cited MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v LI YUE N 1281 OF 1999 HILL, MATHEWS AND LINDGREN JJ 27 JUNE 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1281 OF 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS