Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Charaev v Minister for Immigration & Multicultural Affairs [2000] FCA 865
IMMIGRATION – no evidence ground – applicant must establish that decision of Tribunal was based upon a fact, that there was no evidence of that fact before the Tribunal, and that the fact is disproved. Migration Act 1958 (Cth), ss 476(1)(g), 476(4) Curragh Queensland Mining v Daniel (1992) 34 FCR 212 at 224 Pat Tat Choi v Minister for Immigration and Multicultural Affairs [1998] FCA 1556 T v Minister for Immigration and Multicultural Affairs [1999] FCA 878 Television Capricornia v Australian Broadcasting Tribunal (1986) FCR 511. Yilan v Minister for Immigration and Multicultural Affairs [1999] FCA 854 SERGUEI CHARAEV v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 66 of 2000
SPENDER, MADGWICK AND EMMETT JJ 28 JUNE 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 66 of 2000
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: SERGUEI CHARAEV
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: SPENDER, MADGWICK & EMMETT JJ
DATE OF ORDER: 28 JUNE 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal is allowed. 2. The matter is remitted to the Refugee Review Tribunal for determination according to law. 3. The respondent is to pay the appellant's costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 66 OF 2000
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: SERGUEI CHARAEV
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: SPENDER, MADGWICK & EMMETT JJ
DATE: 28 JUNE 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT THE COURT: 1 The appellant is a national of the Russian Federation. He entered Australia, with his wife, daughter and son, on 30 August 1996. The appellant applied to the Department of Immigration and Multicultural Affairs for a protection visa on 19 September 1996. On 8 May 1997, a delegate of the Minister refused the grant of a protection visa to the appellant and members of his family. An application was made to the Refugee Review Tribunal ("the Tribunal") for review of that decision. On 7 October 1994, the Tribunal affirmed the delegate's decision not to grant protection visas. 2 On 6 November 1998, the appellant filed an application for an order of review by the Federal Court of the decision of the Tribunal. On 17 December 1999, a judge of the Court dismissed that application with costs. From that order, the appellant now appeals to the Full Court. 3 The appellant asserted before the Tribunal that he faces a real chance of persecution in Russia for reasons of the stand he said he had taken in opposition to the authorities of the
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