Minister for Immigration & Multicultural Affairs v Zitoni [2000] FCA 1225

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Zitoni [2000] FCA 1225

MIGRATION –refugees – application for protection visa – respondent a citizen of Algeria and supporter of political party which later became a terrorist organisation – respondent imprisoned for imputed political opinion and tortured – respondent's farm and houses confiscated by army after his departure – later after respondent had left Algeria for Indonesia respondent claimed to have come to the attention of the Algerian authorities who confiscated a false Algerian passport – Refugee Review Tribunal made no findings on these matters but held that the respondent would not be treated differently from a person who might have left the country for economic reasons and who had no political profile – whether failure by Tribunal to make finding on material questions of fact and to refer to the evidence on which those findings were made – whether Tribunal impliedly made adverse findings on factual issues – role of appellate court in cases where decision appealed from involves a question of materiality involving a degree of evaluation or impression discussed. Migration Act 1958 (Cth) ss 430(1)(c) and (d), 476(1)(a) Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 845 followed Xu v Minister for Immigration and Multicultural Affairs (1999) 168 ALR 621 not followed Minister for Immigration and Multicultural Affairs v Yusuf [1999] FCA 1681 followed Minister for Immigration and Multicultural Affairs v Kandasamy [2000] FCA 67 cited SW Hart & Co Pty Ltd v Edwards Hot Water Systems (1985) 159 CLR 466 at 478 cited Eagle Homes Pty Ltd v Austec Homes (1998) 87 FCR 415 at 439-440 and 440-443 cited S & I Publishing v Australian Surf Life Saver Pty Ltd (1998) 88 FCR 354 at359-361 cited MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v AHMED ZITONI W87 of 2000 FRENCH, HILL and WEINBERG JJ 1 SEPTEMBER 2000 PERTH