Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
"W204/00A" v Minister for Immigration & Multicultural Affairs [2001] FCA 437
MIGRATION – refugee – Burmese student who participated in pro-democracy demonstrations of 1988 – application for review of decision of Refugee Review Tribunal – Tribunal's failure to address claim of torture on two occasions – in one case, claim of torture during six months' imprisonment and Tribunal found applicant not imprisoned at all – in other case, claim of torture during 24-day period of detention and Tribunal did not find whether detention or torture occurred – whether Tribunal adequately dealt with both claims by finding that applicant had not been of interest to authorities during subsequent period of some eleven years – whether failure to make findings on material question of fact.
Migration Act 1958 (Cth), ss 414; 430(1)(c); 476(1)(a)
Abebe v Commonwealth of Australia (1999) 197 CLR 510 applied Minister for Immigration & Multicultural Affairs v Singh (2000) 98 FCR 469 applied X v Minister for Immigration & Multicultural Affairs [2001] FCA 253 cited Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham (2000) 74 ALJR 405 cited "W204/00A" v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 204 OF 2000 LEE, LINDGREN AND KATZ JJ 19 APRIL 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 204 OF 2000
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: "W204/00A"
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: LEE, LINDGREN AND KATZ JJ
DATE OF ORDER: 19 APRIL 2001
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The appeal be dismissed.
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