Mohammed Rasel v Minister for Immigration & Multicultural Affairs [2001] FCA 443

FEDERAL COURT OF AUSTRALIA

Mohammed Rasel v Minister for Immigration & Multicultural Affairs

[2001] FCA 443

MIGRATION – review of RRT decision to affirm Minister's decision to refuse to grant protection visa – whether ground of review contained in Migration Act 1958 (Cth)s 476(1)(g), as read with s 476(4)(b), enlivened – whether RRT stated particular reason – where RRT statement of findings and reasons entitled to beneficial construction – where alleged reason sole basis for enlivening ground of review – whether prediction as to the future "particular fact" within the meaning of Migration Act 1958 (Cth)s 476(4)(b) – whether decision anterior to ultimate decision and merely procedural in nature "the decision" for the purposes of Migration Act 1958 (Cth)s 476(4)(b) – where ultimate decision obviously so – whether alleged "particular fact" something on which alleged "decision" "based" for the purposes of Migration Act 1958 (Cth)s 476(4)(b) – whether alleged "particular fact" on which alleged "decision" allegedly "based" proven non-existent by evidence judicially admissible for that purpose. Migration Act 1958 (Cth) ss 476(1)(g), 476(4)(b) Minister for Immigration & Multicultural Affairs v Indatissa [2001] FCA 181 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 followed Xiang Sheng Li v Refugee Review Tribunal (1996) 45 ALD 193 followed Thalary v Minister for Immigration & Ethnic Affairs (1997) 73 FCR 437 referred to Alijagic v Minister for Immigration & Multicultural Affairs [1999] FCA 280 referred to Jayasinghe v Minister for Immigration & Ethnic Affairs (1997) 76 FCR 301 considered Pasini v Boland (1999) 92 FCR 438 considered Chopra v Minister for Immigration & Multicultural Affairs [1999] FCA 480 considered N258/00A v Minister for Immigration & Multicultural Affairs (2000) 101 FCR 478 referred to