Pei Lan He v Minister for Immigration & Multicultural Affairs [2001] FCA 446

FEDERAL COURT OF AUSTRALIA

Pei Lan He v Minister for Immigration & Multicultural Affairs [2001] FCA 446

MIGRATION - protection visa - refugee - Refugee Review Tribunal - decision on review - judicial review on ground of failing to set out material findings of fact - whether "rolled up" finding of fact complies with s 430(1)(c) - effect of difficulty in asking "What if I am wrong?" in evaluating risk of persecution - rejection by Tribunal of particular piece of evidence - Tribunal not required to give reasons for - fear of persecution by reason of religion - whether religion connotes only organised body of beliefs and practices or extends to convictions personal to applicant - actual bias of Tribunal not revealed by relevant reference to circumstances of persons other than the applicant - whether no evidence to justify making of Tribunal's decision - not to be answered by asking whether there is evidence of matter not required to be affirmatively established or whether there is no evidence of non-existence of a particular fact.

Migration Act 1958 ss 430(1), 476 Hathaway, The Law of Refugee Status (1991)

Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 Re Minister for Immigration and Multicultural Affairs Ex parte Durairajasingham (2000) 74 ALJR 405 Minister for Immigration and Multicultural Affairs v Ming Xiong Zheng [2000] FCA 50 (unreported, 10 February 2000) Ahmad v Secretary of State for the Home Department [1990] Imm AR 61 Omar v Minister for Immigration and Multicultural Affairs [2000] FCA 1430 (unreported, 16 October 2000) Sun Zhan Qui v Minister for Immigration and Multicultural Affairs (1997) 81 FCR 71

PEI LAN HE v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

V 412 of 1999

RYAN J

MELBOURNE

23 APRIL 2001

IN THE FEDERAL COURT OF AUSTRALIA