Mire v Minister for Immigration & Multi-cultural Affairs [2000] FCA 1149

FEDERAL COURT OF AUSTRALIA

Mire v Minister for Immigration & Multicultural Affairs [2000] FCA 1149

MIGRATION – review of decision of the Refugee Review Tribunal affirming decision of a delegate of respondent refusing applicant's protection visa application – whether, by failing to properly consider the question whether the applicant could effectively exercise his pre – existing right to return to South Africa where he had been granted asylum or the question of whether the applicant would suffer state sponsored persecution upon his return to South Africa, the Refugee Review Tribunal committed an error of law within the meaning of ss430(1)(c) and 476(1)(e) of the Migration Act 1958 (Cth) – whether the Refugee Review Tribunal failed to properly consider the concept of "effective protection" – whether the Refugee Review Tribunal failed to set out its findings on a material question of fact Migration Act 1958 (Cth) ss 48B, 430(1)(c), 476(1)(a), 476(1)(e) Dalpatadu v Minister for Immigration & Multicultural Affairs [2000] FCA 697 referred to

Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 845 applied

Minister for Immigration & Multicultural Affairs v Sameh [2000] FCA 578 applied

Najarian v Minister for Immigration & Multicultural Affairs [2000] FCA 933 followed

Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 referred to

Jong Kim Koe v Minister for Immigration and Multicultural Affairs (1997) 143 ALR 695 applied

Lay Kon Tji v Minister for Immigration and Ethnic Affairs (1998) 158 ALR 681 followed

Abebe v Commonwealth (1999) 197 CLR 510, [1999] HCA 14 referred to

AHMED ALI MIRE v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 333 of 1999 MARSHALL J MELBOURNE 22 AUGUST 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 333 of 1999