N258/00A v MIMA [2000] FCA 993

FEDERAL COURT OF AUSTRALIA

N258/00A v Minister for Immigration & Multicultural Affairs [2000] FCA 993

MIGRATION – refugees – application for protection visa – review of decision by Refugee Review Tribunal – cumulative character of s 476(4) – burden of persuasion imposed by s 476(4) – circumstances of application of s 476(4)(a) – whether Tribunal made its decision based on particular facts which did not exist – whether s 476(1)(g) applies to findings of non-existence of facts – whether proof that fact found to exist does not exist must be by admissible evidence – whether s 430(1)(d) requires Tribunal to "detail" or "set out" material on which it bases its findings of fact – whether s 430(1)(b) requires Tribunal to explain why it did not prefer particular material before it.

Migration Act 1958 (Cth), ss 430(1), 476(1)(a), (e), (g) & 476(4)

Arudselvan v Minister for Immigration & Multicultural Affairs [1999] FCA 622; [1999] FCA 1726 discussed El Hejjar v Minister for Immigration & Multicultural Affairs [2000] FCA 263 referred to Mohammed v Minister for Immigration & Multicultural Affairs [2000] FCA 264 referred to Balan v Minister for Immigration & Multicultural Affairs (2000) 171 ALR 7 referred to Television Capricornia Pty Limited v Australian Broadcasting Tribunal (1986) 13 FCR 511 referred to Yilan v Minister for Immigration & Multicultural Affairs [1999] FCA 854 referred to Nefiodova v Minister for Immigration & Multicultural Affairs [2000] FCA 179 referred to Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 845 referred to

Angus Mitchell, "New Light on the 'Heart of Darkness'", December 1999 History Today 20 N258/00A v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N258 of 2000 KATZ J 26 JULY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 258 of 2000