Chhour v Minister for Immigration & Multicultural Affairs [2001] FCA 911

FEDERAL COURT OF AUSTRALIA

Chhour v Minister for Immigration and Multicultural Affairs [2001] FCA 911

MIGRATION – review of decision of Refugee Review Tribunal – whether decision based on particular fact which did not exist – whether Tribunal failed to consider applicant's claim as refugee sur place – whether Tribunal failed to set out findings on material questions of fact – whether Tribunal identified a wrong issue, asked a wrong question, ignored relevant material or relied on irrelevant material. Migration Act 1958 (Cth) Pt 8, ss 430(1), 476(1)(a), 476(1)(b), (c), (e), (g), 476(4)(b) Curragh Queensland Mining Limited v Daniel (1992) 34 FCR 212 at 220-221 applied Inderjit Singh v Minister for Immigration and Multicultural Affairs [1998] FCA 1366 referred to Chopra v Minister for Immigration and Multicultural Affairs [1999] FCA 480 referred to Fernando v Minister for Immigration and Multicultural Affairs [1999] FCA 962 referred to Guden v Minister for Immigration and Multicultural Affairs (2000) 58 ALD 352 referred to Charaev v Minister for Immigration and Multicultural Affairs [2000] FCA 865 referred to Indatissa v Minister for Immigration and Multicultural Affairs [2000] FCA 1119 referred to Minister for Immigration and Multicultural Affairs v Indatissa [2001] FCA 181 at [26] to [28] applied Minister for Immigration and Multicultural Affairs v Al-Miahi [2001] FCA 744 at [35], [36]-[40] applied Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 at 22 applied Minister for Immigration and Multicultural Affairs v "X" [2001] FCA 858 at [18] referred to Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 not followed Minister for Immigration and Multicultural Affairs v Tedella [2001] FCA 832 at [21] referred to Khan v Minister for Immigration and Multicultural Affairs [2001] FCA 736 at [15] referred to Minister for Aboriginal Affairs v Peko Wallsend Ltd (1986) 162 CLR 29 at 39-42 referred to Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274 referred to