Al Raied v Minister for Immigration and Multicultural Affairs [2001] FCA 313

FEDERAL COURT OF AUSTRALIA

Al Raied v Minister for Immigration and Multicultural Affairs [2001] FCA 313 MIGRATION – application for a protection visa – well-founded fear of persecution for reason of actual or imputed political opinion –the appellant is an infant –the infant's claims are derivative in that they rely on the parents' feared persecution – whether the Tribunal's decision involved an error of law under s 476(1)(e) of the Migration Act 1958 (Cth) – whether the Tribunal erred in law in failing to consider inferences said to be available from certain evidence before it - the Tribunal not bound to express all its factual deliberations – whether a child can be a visa applicant – whether a child can be a refugee. Migration Act 1958 (Cth) s 36(2), s 45, s 46 s 65, s 427(1)(d), s 430(1), s 476(1)(a), s 476(1)(e) Immigration (Guardianship of Children) Act 1946 (Cth) s 6 Migration Regulations 1994, Division 2.2, regs 2.07, 208, 208A Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 followed Peniche v Minister for Immigration and Multicultural Affairs (1999) 59 ALD 485 referred to Haines v Leves (1987) 8 NSWLR 443 referred to X v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 524 referred to Huang v Minister for Immigration and Multicultural Affairs [2000] FCA 820 considered Chen Shi Hai (an infant) by his next friend Chen Ren Bing v Minister for Immigration and Multicultural Affairs (Federal Court of Australia, French J, 5 June 1998, unreported) referred to Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 74 ALJ 775 referred to

ABDUL RAHMAN AHMED AL RAIED v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 1075 of 2000

MOORE, MATHEWS AND MANSFIELD JJ

29 MARCH 2001

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1075 OF 2000