Djuraj v Minister for Immigration & Multicultural Affairs [2001] FCA 986

FEDERAL COURT OF AUSTRALIA

Djuraj v Minister for Immigration & Multicultural Affairs [2001] FCA 986

MIGRATION - Refugee Review Tribunal - refusal by the Tribunal to grant a protection visa - error of law in failing to take into account information provided by applicant as to the reasons for his fear of being persecuted - error of law, in light of the Tribunal's uncertainty about the reliability of the applicant's claims, in failing to ask "What if I am wrong?" - principle that Tribunal's reasons are not to be subjected to over-zealous search for error considered.

Migration Act 1958 (Cth)

Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 followed Minister for Immigration and Multicultural Affairs; Ex parte Miah [2001] HCA 22 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Steinberg v Federal Commissioner of Taxation (1975) 134 CLR 640 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Epeabaka [2001] HCA 23 referred to Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 84 FCR 411 referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 followed Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 referred to Dhiman v Minister for Immigration and Multicultural Affairs [2000] FCA 221 referred to Minister for Immigration and Multicultural Affairs v Ibrahim [2000] HCA 55 referred to Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 referred to SIMON DJURAJ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL Q 40 OF 2001 DRUMMND J 26 JULY 2001 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 40 OF 2001

BETWEEN: SIMON DJURAJ