CCC v Minister for Immigration & Multicultural Affairs [2001] FCA 682

FEDERAL COURT OF AUSTRALIA

"CCC" v Minister for Immigration & Multicultural Affairs [2001] FCA 682

IMMIGRATION LAW – Protection visa – Decision of Refugee Review Tribunal to affirm decision of the Minister not to grant protection visa – Whether failure to make a finding on a question of fact is a ground for review – Whether Tribunal failed to review the Minister's decision – Whether Tribunal misunderstood the meaning of "persecution" – Whether Tribunal made a finding based on no evidence Migration Act 1958 (Cth) Pt 8, ss 414; 430; 476 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 applied Minister for Multicultural Affairs v Anthonypillai [2001] FCA 274 referred to

Minister for Immigration and Ethnic Affairs v Wu Shan Liang and Others (1996) 185 CLR 259 referred to

Handa v Minister for Immigration & Multicultural Affairs [2000] FCA 1830 referred to

"CCC" & "NNN" v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

V627 OF 2000

MARSHALL J

MELBOURNE

8 JUNE 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V627 OF 2000

BETWEEN: "CCC"

FIRST APPLICANT

"NNN"

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 8 JUNE 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The applicant pay the respondent's costs of the application, including reserved costs, to be taxed in default of agreement. 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 V627 OF 2000

BETWEEN: "CCC"

FIRST APPLICANT

"NNN"

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS