Mar v Minister for Immigration & Multicultural Affairs [2001] FCA 812

FEDERAL COURT OF AUSTRALIA

Mar v Minister for Immigration & Multicultural Affairs [2001] FCA 812

MIGRATION – review of RRT decision affirming Minister's decision to refuse to grant protection visa – whether grounds of review in Migration Act 1958 (Cth) ss 476(1)(c) and 476(1)(e) enlivened – whether RRT did not deal with matters part of application for protection visa – where Migration Act 1958 (Cth) s 430 entitles court to infer that matters RRT did not deal with were not considered material – where Migration Act 1958 (Cth) s 476(1)(a) not applicable – whether RRT ignored material relating to undertaking by applicant not to engage in political activity – whether applicant had claimed Burmese authorities' prohibition on applicant's political activity would actually and seriously offend her real aspiration to political activity to degree that political activity integral to her human dignity.

Minister for Immigration & Multicultural Affairs v Yusuf [2001] HCA 30 followed

Minister for Immigration & Multicultural Affairs v Singh (2000) 98 FCR 469 referred to

Win v Minister for Immigration & Multicultural Affairs [2001] FCA 132 considered

Oo v Minister for Immigration & Multicultural Affairs [2001] FCA 469 considered

Migration Act 1958 (Cth) ss 430, 4761)(a), 476(1)(b), 476(1)(c), 476(1)(e).

LWIN LWIN MAR v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N 1215 of 2000

KATZ J

SYDNEY

28 JUNE 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1215 of 2000

BETWEEN: LWIN LWIN MAR

APPLICANT

AND: MINISTER FOR IMMIGRATION

& MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: KATZ J

DATE OF ORDER: 28 JUNE 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for review be dismissed. 2. The applicant pay the respondent's costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.