Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Indatissa v Minister for Immigration & Multicultural Affairs [2000] FCA 1119
MIGRATION – review of decision of Refugee Review Tribunal – evidence or other material to justify the making of the decision by the Tribunal – non-existence of a particular fact – whether discrepancy in evidence constitutes a "particular fact" - whether decision was "based on" particular fact – whether assumed existence of particular fact contributed significantly to ultimate decision.
Migration Act 1958 (Cth) ss 36(2) , 476(1)(g), 476(4)(b) Curragh Queensland Mining Limited v Daniel (1992) 34 FCR 212 at 224 followed Lay Kon Tji v Minister for Immigration and Ethnic Affairs (1998) 158 ALR 681 at 698 referred to Yilan v Minister for Immigration and Multicultural Affairs [1999] FCA 854 referred to N258/00A v Minister for Immigration and Multicultural Affairs [2000] FCA 993 referred to Chopra v Minister for Immigration and Multicultural Affairs [1999] FCA 480 distinguished Inderjit Singh v Minister for Immigration and Multicultural Affairs [1998] FCA 1366 referred to Guden v Minister for Immigration and Multicultural Affairs [2000] FCA 236 referred to Charaev v Minister for Immigration and Multicultural Affairs [2000] FCA 865 at pars 19-24 referred to Fernando v Minister for Immigration and Multicultural Affairs [1999] FCA 962 at pars 18, 20, 25-27 distinguished Macedonian Teachers' Association of Victoria Inc v Human Rights and Equal Opportunity Commission (1998) 91 FCR 8 at 30 referred to State of Victoria v Macedonian Teachers' Associations of Victoria Inc (1999) 91 FCR 47 at 49 referred to March v Stramare (E & MH) Pty Limited (1991) 171 CLR 506 referred to Royall v The Queen (1991) 172 CLR 378 referred to Minister for Immigration and Multicultural Affairs v Li Yue [2000] FCA 856 distinguished Minister for Immigration and Multicultural Affairs v Singh [2000] FCA 845 referred to PUBUDU KUMAR INDATISSA & ANOR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 713 of 1999 WEINBERG J 10 AUGUST 2000 MELBOURNE
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate