Susanto (aka Hartono) v Minister for Immigration & Multicultural Affairs [2001] FCA 922

FEDERAL COURT OF AUSTRALIA

Susanto (aka Hartono) v Minister for Immigration & Multicultural Affairs

[2001] FCA 922

MIGRATION – review of decision of Refugee Review Tribunal – refusal to grant protection visa – whether failure to observe procedures required to be observed – whether failure to set out reasons relevant to issue of whether applicant had well-founded fear of persecution – error of law – whether failure to interpret or apply test of well-founded fear of persecution – whether failure to speculate reasonably about chance that applicant would suffer persecution.

Migration Act 1958 (Cth) - ss 476(1)(a), 476(1)(e)

Migration Regulations 1994 - Sch 2 Pt 866

Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 distinguished

Minister for Immigration and Multicultural Affairs v Rajalingham (1999) 93 FCR 220 distinguished

Minister for Immigration and Ethnic Affairs v Yusuf (2001) 180 ALR 1 applied

Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 referred to

SUSANTO (AKA HARTONO) v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

V 821 of 2000

GOLDBERG J

18 JULY 2001

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 821 of 2000

BETWEEN: SUSANTO (aka HARTONO)

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 18 JULY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The applicant pay the respondent's costs of the application.

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 V 821 of 2000

BETWEEN: SUSANTO (aka HARTONO)

Applicant