Kyi v Minister for Immigration & Multicultural Affairs [2001] FCA 580

FEDERAL COURT OF AUSTRALIA

Kyi v Minister for Immigration & Multicultural Affairs [2001] FCA 580

MIGRATION – protection visa – application for review of decision of Refugee Review Tribunal – whether finding of fact can be in conditional or hypothetical form Migration Act 1958 (Cth) ss 430(1)(c), 476(1)(a), 476(1)(e)

Minister for Immigration and Multicultural Affairs v Singh [2000] 98 FCR 496 applied Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 at 388-389 applied MAY HTWE KYI v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 659 OF 2000 HEEREY J 18 MAY 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 659 OF 2000

BETWEEN: MAY HTWE KYI

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HEEREY J DATE OF ORDER: 18 MAY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs, including reserved costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 659 OF 2000

BETWEEN: MAY HTWE KYI

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HEEREY J

DATE: 18 MAY 2001

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 The applicant seeks review under Pt 8 of the Migration Act 1958 (Cth) of a decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister to refuse to grant the applicant a protection visa. 2 The applicant is now aged 33. She is a Burmese national of Chinese ethnicity. She arrived in Australia on 28 July 1998 and on 15 October 1998 lodged an application for a protection visa. That application was refused on 28 January 1999. By a decision dated 25 July 2000 the Tribunal affirmed the decision of the Minister's delegate.