Ragunathan v Minister for Immigration & Multicultural Affairs [2001] FCA 1142

FEDERAL COURT OF AUSTRALIA

Ragunathan v Minister for Immigration & Multicultural Affairs [2001] FCA 1142

MIGRATION – review of decision of Refugee Review Tribunal – whether procedures required to be observed by s 476(1)(a) were observed – whether Tribunal failed to sufficiently set out reasons and findings on material questions of fact – whether jurisdictional error – whether Tribunal's decision not authorised by the Act – whether reviewable error of law made by Tribunal – whether Tribunal failed to properly consider the applicant's claim – whether Tribunal failed to take relevant matters into consideration – whether Tribunal erred in law by failing to consider consequences if it were wrong on findings of fact WORDS AND PHRASES – "What if I am wrong" Migration Act 1958 (Cth) Attorney-General (NSW) v Quin (1990) 170 CLR - followed Chhour v Minister for Immigration and Multicultural Affairs [2001] FCA 911 - followed Craig v South Australia (1995) 184 CLR 103 - cited Gamaethige v Minister for Immigration and Multicultural Affairs [2001] FCA 565 - cited Khan v Minister for Immigration and Multicultural Affairs [2001] FCA 736 - followed Li Shi Ping v Minister for Immigration Local Government and Ethnic Affairs (1994) 35 ALD 225 - followed Minister for Immigration and Multicultural Affairs v Anthonypillai (2000) 106 FCR 426 -followed Minister for Immigration and Ethnic Affairs v Guo (1997) CLR 559 at 576 - followed Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 - followed Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 -followed Minister for Immigration and Multicultural Affairs v Singh [2000] 98 FCR 469 - not followed Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 - followed Re The Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 - cited Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363 – followed Xu v Minister for Immigration & Multicultural Affairs [1999] FCR 425 - followed War Pensions Entitlement Appeal Tribunal; Exparte Bott (1933) 50 CLR 228 - cited