Minister for Immigration & Multicultural Affairs v Al-Miahi [2001] FCA 744

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Al-Miahi [2001] FCA 744 MIGRATION - application for protection visa – RRT found applicant lacked credibility –where RRT took into account that finding as to credit might be wrong – whether decision based on facts that did not exist – whether any disputed facts critical to making of decision – whether RRT based decision on facts in question – whether any disputed fact played such a role in finding that without which RRT would not have reached he conclusion it did – whether s 476(4)(b) is matter of causation which may be determined as "a matter of common sense" – whether finding regarding credit is a "fact" for purposes of s 476(4)(b)

Migration Act 1958 s 476(1)(g) and (4)(b) Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Minister for Immigration and Multicultural Affairs v Indatissa [2001] FCA 181 cited Minister of Immigration and Multicultural Affairs v Rajamanikkam [2000] FCA 1023 cited Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 cited MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v AKEEL RAHMA AL-MIAHI N 256 OF 2001 SUNDBERG, EMMETT & FINKELSTEIN JJ 25 JUNE 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 256 OF 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

APPELLANT

AND: AKEEL RAHMA AL-MIAHI

RESPONDENT

JUDGES: SUNDBERG, EMMETT & FINKELSTEIN JJ

DATE OF ORDER: 25 JUNE 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders made on 23 February 2001 be set aside and in lieu thereof order that so much of the proceeding as has been remitted to this Court be dismissed with costs. 3. The respondent pay the appellant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.