Bin Amiruddin v Minister for Immigration & Multicultural Affairs [2001] FCA 67

FEDERAL COURT OF AUSTRALIA

Bin Amiruddin v Minister for Immigration and Multicultural Affairs

[2001] FCA 67

MIGRATION – protection visa – Refugee Review Tribunal – whether Tribunal failed to make findings on material issues – whether Tribunal followed a rule or policy – whether improper exercise of powers – whether Tribunal failed to apply "real chance of persecution" test – whether Tribunal entitled to find that punishment for illegal departure could not amount to persecution for a Convention reason

Migration Act 1958 (Cth) ss 430, 476(1)(a), (1)(d), (1)(e), (1)(f), (3) Minister for Immigration and Multicultural Affairs v Singh [2000] FCA 845 followed V v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 355 referred to Minister for Immigration and Ethnic Affairs v Y (unreported, Federal Court of Australia, Davies J, 15 May 1998) cited Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 applied RONI AMDANI BIN AMIRUDDIN (AKA CHEN GUANG HUI) v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 76 of 1999 FINKELSTEIN J MELBOURNE 19 FEBRUARY 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 76 of 1999

BETWEEN: RONI AMDANI BIN AMIRUDDIN (AKA CHEN GUANG HUI)

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: FINKELSTEIN J

DATE OF ORDER: 19 FEBRUARY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. 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 V 76 of 1999

BETWEEN: RONI AMDANI BIN AMIRUDDIN (AKA CHEN GUANG HUI)

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS