Applicant UP v Minister for Immigration and Multicultural Affairs [2001] FCA 1035

FEDERAL COURT OF AUSTRALIA

Applicant UP v Minister for Immigration and Multicultural Affairs

[2001] FCA 1035 MIGRATION – review of decision of Refugee Review Tribunal – whether decision based on facts which did not exist – meaning of "particular fact" – error of law – whether other evidence to support finding. Migration Act 1958 (Cth), Pt 8, ss 476(1)(g), 476(4)(b) Minister for Immigration and Multicultural Affairs v Rajamanikkam (2000) 179 ALR 495 at 502 referred to Curragh Queensland Mining Limited v Daniel (1992) 34 FCR 212 at 220-1 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 Minister for Immigration and Multicultural Affairs v Indatissa [2001] FCA 181 at [26]-[28] applied Minister for Immigration and Multicultural Affairs v Al-Miahi [2001] FCA 744 at [35] applied Chhour v Minister for Immigration and Multicultural Affairs [2001] FCA 911 referred to Jegatheeswaran v Minister for Immigration and Multicultural Affairs [2001] FCA 865 at [31] referred to Z v Minister for Immigration and Multicultural Affairs (1998) 90 FCR 51 at 58 referred to Minister for Immigration and Ethnic Affairs v "A" & Ors [1995] FCA 401 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 291-293 referred to Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 at 235-236 and 239-241 referred to Muthukuda v Minister for Immigration and Multicultural Affairs [1999] FCA 1499 at [52]-[58] referred to Don Manuel v Minister for Immigration and Multicultural Affairs [2001] FCA 487 at [40] referred to

APPLICANT UP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V665 of 2000 WEINBERG J 3 AUGUST 2001 MELBOURNE