Abila v Minister for Immigration & Multicultural Affairs [2001] FCA 1186

FEDERAL COURT OF AUSTRALIA

Abila v Minister for Immigration & Multicultural Affairs [2001] FCA 1186

MIGRATION – protection visa – application for review of the decision of the Refugee Review Tribunal – no evidence ground – non-existence of a fact – applicant must establish that decision of the RRT was based upon a fact, that there was no evidence of that fact before the RRT, and that the fact is disproved – whether applicant is a member of a particular social group – whether those opposed or unwilling to participate in guerilla activity constitute a particular social group.

WORDS AND PHRASES – "the existence of a particular fact", "particular social group" Migration Act 1958 (Cth) s 476(1)(g) and (4) Charaev v Minister for Immigration and Multicultural Affairs (2000) 178 ALR 554 distinguished Yilan v Minister for Immigration and Multicultural Affairs (1999) 55 ALD 600 referred to Guden v Minister for Immigration and Multicultural Affairs (2000) 58 ALD 352 distinguished Kheirollahpoor v Minister for Immigration and Multicultural Affairs [2000] FCA 1350 not followed N258/00A v Minister for Immigration and Multicultural Affairs (2000) 101 FCR 478 applied Perchine v Minister for Immigration and Multicultural Affairs [2001] FCA 168 referred to Aung v Minister for Immigration and Multicultural Affairs [2000] FCA 1562 referred to Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 applied Harirchi v Minister for Immigration and Multicultural Affairs [2001] FCA 474 considered PAUL ABILA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 151 of 2001 TAMBERLIN J SYDNEY (HEARD IN PERTH) 28 AUGUST 2001

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 151 OF 2001

BETWEEN: PAUL ABILA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS