Ou v Minister for Immigration & Multicultural Affairs [2000] FCA 1152

FEDERAL COURT OF AUSTRALIA

Ou v Minister for Immigration & Multicultural Affairs

[2000] FCA 1152

MIGRATION – review of decision of Refugee Review Tribunal to refuse application for protection visa – whether reasons of Tribunal failed to set out findings on material questions of fact – whether Tribunal failed to give reasons as to why it preferred certain evidence on which it based its findings – whether applicant given genuine opportunity to be heard – whether Tribunal biased – whether Tribunal treated particular facts as "threshold criteria".

Migration Act 1958 (Cth) ss 430(1)(c), 476(1)(a)

Minister for Immigration and Multicultural Affairs v Yusuf (1999) 95 FCR 506 referred to Xu v Minister for Immigration and Multicultural Affairs (1999) 168 ALR 621 referred to Minister for Immigration and Multicultural Affairs v Singh [2000] FCA 845 applied Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6 referred to Addo v Minister for Immigration and Multicultural Affairs [1999] FCA 940 referred to Sivaram v Minister for Immigration and Multicultural Affairs (1999) 94 FCR 379 referred to Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 at 422-3 referred to Minister for Immigration and Multicultural Affairs v Sameh [2000] FCA 578 referred to Kaycliff Pty Ltd v Australian Broadcasting Tribunal (1989) 90 ALR 310 referred to Jia v Minister for Immigration and Multicultural Affairs (1999) 93 FCR 556 referred to White v Minister for Immigration and Multicultural Affairs (2000) 96 FCR 511 at 531 referred to Kandiah v Minister for Immigration and Multicultural Affairs [1998] FCA 1145 referred to Choi v Minister for Immigration and Multicultural Affairs [1999] FCA 1278 referred to OU HONG WEN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V167 of 2000 WEINBERG J 23 AUGUST 2000 MELBOURNE