Aung v Minister for Immigration & Multicultural Affairs [2000] FCA 1562

FEDERAL COURT OF AUSTRALIA

Aung v Minister for Immigration & Multicultural Affairs

[2000] FCA 1562

MIGRATION – review of decision of Refugee Review Tribunal – whether RRT misconceived significance of delegate's decision for performance by it of its review function – whether RRT's giving of weight to delegate's decision in reaching its own decision or RRT's finding fact to exist because delegate did so reviewable under Pt 8 of Migration Act – whether RRT gave weight to delegate's decision in reaching its own decision – whether RRT found fact to exist because delegate had done so – whether necessary for RRT critically to examine delegate's findings of fact – whether RRT failed to set out finding on material question of fact and to refer to material on which finding based – whether pars 476(1)(g) and 476(4)(b) of Migration Act apply to finding of non-existence of fact – notion of being "ordinarily resident". Migration Act 1958 (Cth), ss 415, 476(1)(e), 476(1)(g), 476(3)(d), 476(4)(b) Administrative Appeals Tribunal Act 1975 (Cth), ss 43, 44(1) Collins v Minister for Immigration & Ethnic Affairs (1981) 36 ALR 598 applied Commonwealth of Australia v Twyman (1985) 8 ALD 554 applied Minister for Immigration & Multicultural Affairs v Singh (2000) 98 FCR 469 applied N258/00A v Minister for Immigration & Multicultural Affairs [2000] FCA 993 referred to R v Barnet LBC, Ex p Shah [1983] 2 AC 309 discussed

MYINT AUNG v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 428 of 2000 KATZ J 3 NOVEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 428 of 2000

BETWEEN: MYINT AUNG

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: KATZ J

DATE OF ORDER: 3 NOVEMBER 2000

WHERE MADE: SYDNEY