Hamid v Minister for Immigration & Multicultural Affairs [2001] FCA 26

FEDERAL COURT OF AUSTRALIA

Hamid v Minister for Immigration & Multicultural Affairs [2001] FCA 26 MIGRATION - application to review decision of the Refugee Review Tribunal - Tribunal upheld respondent's decision to refuse to grant the applicant a protection visa - whether there was no evidence to justify the Tribunal's finding that the applicant might not be seen as a spy. MIGRATION - claim before the Tribunal that the applicant was detained by the authorities because he expressed his political opinion - Tribunal accepted that the applicant was detained and beaten for reason of his political opinion on one occasion - whether Tribunal made findings as to whether the applicant would suffer persecution in the figure in the light of that finding - whether the Tribunal failed to make findings as to why, in the light of that finding, the applicant had no well-founded fear of persecution in the future - whether such a failure amounts to a contravention of s 430(1) of the Migration Act 1958 (Cth) so as to give rise to the ground of review under s 476(1)(a). Migration Act 1958 (Cth) ss 36(2), 65, 476(1)(a), 476(1)(e), 476(1)(g), 476(4)(b) Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 applied Minister for Immigration and Multicultural Affairs v Singh (2000) 175 ALR 503 applied ALI HAMID v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 878 OF 2000 MANSFIELD J 6 FEBRUARY 2001 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 878 OF 2000

BETWEEN: ALI HAMID

APPLICANT

AND: MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 6 FEBRUARY 2001