Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Badraie v Minister for Immigration & Multicultural Affairs [2001] FCA 616
MIGRATION – review of decision of Refugee Review Tribunal ("Tribunal") – whether the Tribunal failed to set out its finding on a material question of fact – whether Tribunal required to explain why it attached more or less weight to evidence before it – whether the Tribunal failed to properly apply the 'real chance test' – whether there was no evidence or other material to justify the making of the decision Migration Act 1958 (Cth) s 430(1)(c), s 476(1)(a), s 476(1)(e), s 476(1)(g), s 476(4)(b)
Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 followed Re Minister for Immigration and Multicultural Affairs; ex parte Durairajasingham (2000) 74 ALJR 405 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 followed Minister for Immigration & Multicultural Affairs v Indatissa [2001] FCA 181 followed Minister for Immigration & Multicultural Affairs v Rajamanikkam [2000] FCA 1023 referred to Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 referred to
MOHAMMAD SAEED BADRAIE & ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N 280 OF 2001 STONE J 25 MAY 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 280 OF 2001
BETWEEN: MOHAMMAD SAEED BADRAIE
FIRST APPLICANT
ZAHRA SABERI
SECOND APPLICANT
SHAYAN BADRAIE
THIRD APPLICANT
SHABNAM BADRAIE
FOURTH APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 25 MAY 2001
WHERE MADE: SYDNEY
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