Melhem v Minister for Immigration and Multicultural Affairs [2000] FCA 1617

FEDERAL COURT OF AUSTRALIA

Melhem v Minister for Immigration and Multicultural Affairs [2000] FCA 1617 IMMIGRATION – application for protection visa – application on basis of political activities of applicant – plausibility of applicant's claims – whether Refugee Review Tribunal made findings of fact regarding applicant's claims – whether concluding claims were implausible is a finding of fact – whether periods of detention as claimed amounted to persecution. Migration Act 1958 (Cth): ss 476(1)(a), 430(1) Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 referred to Rajadurai v Minister for Immigration and Multicultural Affairs [1999] FCA 125 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Applicant A v Minister for Immigration and Multicultural Affairs (1997) 190 CLR 225 referred to Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 referred to YHYA MELHEM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 277 of 2000 GOLDBERG J 13 NOVEMBER 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 277 of 2000

BETWEEN: YHYA MELHEM

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 13 NOVEMBER 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V277 of 2000

BETWEEN: YHYA MELHEM

Applicant