Meng v Minister for Immigration & Multicultural Affairs [2001] FCA 62

FEDERAL COURT OF AUSTRALIA

Meng v Minister for Immigration & Multicultural Affairs [2001] FCA 62 MIGRATION - review of Refugee Review Tribunal decision affirming a delegate's decision to refuse protection visa - whether loss of employment benefits and housing benefits amounted to persecution. MIGRATION - whether Tribunal misunderstood nature of applicant's claim - no reasoning of Tribunal specifically directed to considering that claim as expressed - whether error of law to fail to address claim as expressed - if claim as expressed was decided by Tribunal - whether Tribunal failed to set out its findings on material questions of fact as required by s 430(1)(c) and (d) of the Migration Act 1958 (Cth) - adequacy of general conclusions of Tribunal to satisfy s 430(1)(c) and (d). Migration Act 1958 (Cth) ss 36(2), 65, 430(1)(c), 430(1)(d) and 476(1)(a) Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 applied Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 considered Chen v Minister for Immigration and Multicultural Affairs (2000) 170 ALR 553 applied Minister for Immigration and Multicultural Affairs v Haji Ibrahim (2000) 175 ALR 585 applied Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 applied Kahn v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 applied Hindi v Minister for Immigration and Ethnic Affairs (1988) 20 FCR 1 applied Broussard v Minister for Immigration and Ethnic Affairs (1989) 21 FCR 472 applied Surinakova v Minister for Immigration, Local Government and Ethnic Affairs (1991) 33 FCR 87 applied Mocan v Refugee Review Tribunal (1996) 42 ALD 241 applied Anthonypillai v Minister for Immigration and Multicultural Affairs [2000] FCA 1368 applied JI SHENG MENG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 128 OF 2000 MANSFIELD J 14 FEBRUARY 2001 SYDNEY (HEARD IN ADELAIDE)