Buksh v Minister for Immigration & Multicultural Affairs [2001] FCA 1504

FEDERAL COURT OF AUSTRALIA

Buksh v Minister for Immigration & Multicultural Affairs [2001] FCA 1504

MIGRATION – review of RRT decision affirming Minister's decision to refuse to grant protection visa – whether RRT decision involved error of law being error involving incorrect application of law to facts as found – whether RRT incorrectly applied law to facts as found by failing to draw inference claimed to have been reasonably open to it from primary facts it had found – where inference claimed to have been reasonably open not inference anterior to but inference comprising or forming part of inference whether or not applicant had well-founded fear of being persecuted for Convention reason – where inference claimed to have been reasonably open inference that there existed real chance refugee claimant would suffer significant economic detriment or disadvantage in relevant country – whether being persecuted for purposes of Refugees Convention equivalent to suffering some significant detriment or disadvantage – whether significant detriment or disadvantage includes significant economic detriment or disadvantage – whether significant economic detriment or disadvantage must be economic discrimination which is at hands of relevant government or which relevant government is unable or unwilling to prevent and which occurs for Convention reason – whether failing to draw inference comprising or forming part of inference whether or not applicant had well-founded fear of being persecuted for Convention reason where inference merely reasonably open can constitute error involving incorrectly applying law to facts as found. Migration Act 1958 (Cth) s 476(1)(e) Chan v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 followed Applicant A v Minister for Immigration & Ethnic Affairs (1997) 190 CLR 225 followed Minister for Immigration & Multicultural Affairs v Haji Ibrahim (2000) 175 ALR 585 followed Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 considered Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 considered Saha v Minister for Immigration & Multicultural Affairs [2001] FCA 520 referred to Vetter v Lake Macquarie City Council (2001) 178 ALR 1 referred to Minister for Immigration & Multicultural Affairs v Sarrazola (No 2) (2001) 107 FCR 184 referred to Minister for Immigration & Multicultural Affairs v Hu (1997) 79 FCR 309 referred to AZAAD BUKSH v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 933 of 2001 KATZ J 25 OCTOBER 2001 SYDNEY