ABC v Minister for Immigration & Multicultural Affairs [2001] FCA 955

FEDERAL COURT OF AUSTRALIA

ABC v Minister for Immigration & Multicultural Affairs [2001] FCA 955 MIGRATION – review of decision of Refugee Review Tribunal ("Tribunal") – whether the Tribunal, in failing to refer to one of the applicants' claims, constructively failed to exercise its jurisdiction or erred in law – whether the Tribunal failed to address the question of whether the applicants would be 'persecuted' on returning to Iran – whether there was no evidence to justify the Tribunal's decision – whether the applicant has identified a 'particular fact' on which the Tribunal's decision was based

Migration Act 1958 (Cth) s 476(1)(b), s 476(1)(c), s 476(1)(e), s 476(1)(g), s 476(4)(b)

Z v Minister for Immigration and Multicultural Affairs (1998) 90 FCR 51 referred to Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 considered Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 followed Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 at 258 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 272 followed Office of the United Nations High Commissioner for Refugees Handbook on Procedures and Criteria for Determining Refugee Status 1979 ABC & ANOR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 220 of 2001 STONE J 20 JULY 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 220 OF 2001

BETWEEN: ABC

FIRST APPLICANT

DEF

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 20 JULY 2001

WHERE MADE: MELBOURNE