Kapugama v Minister for Immigration & Multicultural Affairs [2001] FCA 337

FEDERAL COURT OF AUSTRALIA

Kapugama v Minister for Immigration & Multicultural Affairs [2001] FCA 337 MIGRATION – protection visas – review of decision of the Refugee Review Tribunal ("Tribunal") – whether there was no evidence to justify the making of the decision – whether comments made by the Tribunal in relation to evidence constitute "particular facts" found by the Tribunal – whether the Tribunal set out its findings on all material questions of fact – whether the Tribunal had properly applied the "real chance" test in determining whether the applicants had a well founded fear of persecution WORDS AND PHRASES – "particular fact"

Migration Act 1958 (Cth) s 430(1), s 476(1)(a), s 476(1)(e), s 476(1)(g), s 476(4)(b)

Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 referred to Selvadurai v Minister for Immigration and Ethnic Affairs (1994) 34 ALD 347 at 348 referred to Chen Xin He v MIEA (Nicholson J, 23 November 1995, unreported) referred to Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547 referred to Mohammed v Minister for Immigration & Multicultural Affairs [2000] FCA 264 at [15] referred to Collector of Customs v Pozzolanic (1993) 43 FCR 280 at 287 followed Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 followed Minister for Immigration & Multicultural Affairs v Indatissa [2001] FCA 181 at [31] followed Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 at [56] followed Chan 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 referred to Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 at [67] followed JUNIKKU H S SUDESH KAPUGAMA, SUMACHANDRANI K K DEWAGE AND ROWAYNE KAPUGAMA V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1261 OF 2000