Abdul Raheem v Minister for Immigration & Multicultural Affairs [2001] FCA 940

FEDERAL COURT OF AUSTRALIA

Abdul Raheem v Minister for Immigration & Multicultural Affairs [2001] FCA 940 MIGRATION – application for review of decision of Refugee Review Tribunal ("Tribunal") – whether the Tribunal constructively failed to exercise its jurisdiction or erred in law by failing to take relevant considerations into account – whether the Tribunal misdirecting itself in deciding whether to exercise its power to make further enquiries pursuant to s 427(1)(d) of the Migration Act 1958 (Cth) – whether the Tribunal misinterpreted the meaning of the phrase "well-founded fear of persecution" Migration Act 1958 (Cth) s 427(1)(d), s 476(1)(b), s 476(1)(c), s 476(1)(e) Minister for Immigration & Multicultural Affairs v Anthonypillai [2001] FCA 274 followed Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 followed Kulwant Singh v Minister for Immigration & Ethnic Affairs (North J, 21 November 1996, unreported) followed Re Minister for Immigration and Multicultural Affairs; Ex parte Cassim (2000) 175 ALR 209 followed Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 followed Arumugam v Minister for Immigration & Multicultural Affairs [1999] FCA 251 followed MOHAMED KAPARKAN ABDUL RAHEEM v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS V 956 OF 2000 STONE J MELBOURNE 20 JULY 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 956 OF 2000

BETWEEN: MOHAMED KAPARKAN ABDUL RAHEEM

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 20 JULY 2001

WHERE MADE: MELBOURNE

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