Tour Gul v Minister for Immigration & Multicultural Affairs [2000] FCA 1537

FEDERAL COURT OF AUSTRALIA

Tour Gul v Minister for Immigration and Multicultural Affairs [2000] FCA 1537

MIGRATION - application for protection visa – well-founded fear of persecution for reason of political opinion – new evidence produced after Tribunal's decision – whether the no evidence ground under s 476(1)(g) and s 476(4)(b) of the Migration Act 1958 (Cth) can apply where the tribunal has made adverse findings on credibility - whether the no evidence ground can apply to a finding that a particular event did not happen - whether different principles apply in this respect in relation to new evidence.

Migration Act 1958 (Cth) ss 36(2), 476(1)(g), 476(4), 476(4)(b) Migration Regulations 1994 (Cth) Sch 2 Sub class 866 Pat Tai Choi v Minister for Immigration and Multicultural Affairs [1998] FCA 1556 followed Nefiodova v Minister for Immigration and Multicultural Affairs [2000] FCA 179 followed Charaev v Minister for Immigration and Multicultural Affairs [2000] FCA 865 followed Guden v Minister for Immigration and Multicultural Affairs [2000] FCA 236 followed Alijagic v Minister for Immigration and Multicultural Affairs [1999] FCA 280 followed Yilan v Minister for Immigration and Multicultural Affairs [1999] FCA 854 referred to N258/00 A v Minister for Immigration and Multicultural Affairs [2000] FCA 993 distinguished Curragh Qld Mining Limited v Daniel (1992) 34 FCR 212 at 221 followed. TOUR GUL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 173 OF 2000 MATHEWS J 1 NOVEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 173 OF 2000

BETWEEN: TOUR GUL

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MATHEWS J

DATE OF ORDER: 1 NOVEMBER 2000

WHERE MADE: SYDNEY