W148/00A v Minister for Immigration & Multicultural Affairs [2001] FCA 679

FEDERAL COURT OF AUSTRALIA

"W148/00A" v Minister for Immigration & Multicultural Affairs [2001] FCA 679 MIGRATION – application for protection visa – Refugee Review Tribunal decision based on finding on credibility – whether appellant identified and made out a ground for review. Migration Act 1958 (Cth) ss 36, 430, 476, 476(1)(b), (c), (e), (g), 476(4) Buck v Bavone (1976) 135 CLR 110 considered Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 considered Reg v Ministry of Defence; Ex parte Smith [1996] QB 517 considered Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred to Thevendram v Minister for Immigration and Multicultural Affairs [2000] FCA 1910 referred to Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 referred to Abebe v Commonwealth (1997) 197 CLR 510 considered Chan Yee Kin 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 referred to Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719 referred to Karanakaran v Secretary of State for the Home Department [2000] 3 All ER 451 at 469 considered Reg v Secretary of State for the Home Department; Ex parte Bugdaycay [1987] AC 514 considered Devries v Australian National Railways Commission (1993) 177 CLR 472 considered Abalos v Australian Postal Commission (1988) 171 CLR 167 considered "W148/00A" v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 148 OF 2000 LEE, TAMBERLIN & R D NICHOLSON JJ PERTH (HEARD VIA VIDEO-LINK) 22 JUNE 2001

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 148 OF 2000

BETWEEN: "W148/00A"

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS