Al-Asam v Minister for Immigration & Multicultural Affairs [2001] FCA 1361

FEDERAL COURT OF AUSTRALIA

Al-Asam v Minister for Immigration & Multicultural Affairs [2001] FCA 1361 MIGRATION – visa – refusal to grant protection visa – whether no evidence or other material to justify the making of the decision – whether a particular fact did not exist – nature of particular fact – whether finding that appellant had never been arrested or that he had said in his application that he had never been arrested – whether finding that he had not been imprisoned during a period or that he said he had lived at home during that period – whether decision based on particular fact Migration Act 1958 (Cth) s 476(1)(g) and (4)(b) Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 applied Minister for Immigration & Multicultural Affairs v Al-Miahi [2001] FCA 744 applied Abila v Minister for Immigration & Multicultural Affairs [2001] FCA 1186 cited N258/00A v Minister for Immigration & Multicultural Affairs (2000) 101 FCR 478 cited Kheirollahpoor v Minister for Immigration & Multicultural Affairs [2000] FCA 1350 cited

ABDUL RUDDA ALI SALMAN AL-ASAM V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 78 of 2001 GRAY, HILL & MOORE JJ 26 SEPTEMBER 2001 MELBOURNE (HEARD IN PERTH)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 78 of 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ABDUL RUDDA ALI SALMAN AL-ASAM

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: GRAY, HILL & MOORE JJ

DATE OF ORDER: 26 SEPTEMBER 2001

WHERE MADE: MELBOURNE (HEARD IN PERTH)

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.