Win v Minister for Immigration & Multicultural Affairs [2000] FCA 1363

FEDERAL COURT OF AUSTRALIA

Win v Minister for Immigration & Multicultural Affairs [2000] FCA 1363

MIGRATION – Refugees – application for review of decision of Refugee Review Tribunal affirming decision of delegate of Minister refusing protection visa – after hearing before Tribunal, applicant claimed to have been raped while in detention in country of nationality (Burma) – applicant had previously made claim of thwarted attempts at rape on three occasions while she was in detention – Tribunal did not refer to late claim of rape in its Reasons for Decision – Tribunal described claim of thwarted attempted rape on three occasions as "implausible" – whether failure to set out findings on material question of fact – whether claim of attempted rape abandoned and replaced by claim of rape – whether Tribunal's decision based on fact that did not exist (making of claim of thwarted rape)

Migration Act 1958 (Cth) ss 424; 430(1)(c); 476(1)(a), (g), (4)(b)

Minister for Immigration & Multicultural Affairs v Li Yue [2000] FCA 856, referred to Minister for Immigration and Multicultural Affairs v Singh [2000] FCA 845, applied Najarian v Minister for Immigration and Multicultural Affairs [2000] FCA 933, cited Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212, applied MON MAW MAW WIN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 617 OF 2000 LINDGREN J 25 SEPTEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 617 OF 2000

BETWEEN: MON MAW MAW WIN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 25 SEPTEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.