Islam v Minister for Immigration and Multicultural Affairs [2001] FCA 1574

FEDERAL COURT OF AUSTRALIA

Islam v Minister for Immigration and Multicultural Affairs [2001] FCA 1574

MIGRATION - application for protection visa - Refugee Review Tribunal's decision based on findings as to credit - whether evidence to support decision - whether findings as to credit a "particular fact" - whether a "particular fact" refers to an objective fact capable of being disproved - distinction between a finding of fact and a conclusion based on facts or reasoning from facts - nature of findings on credibility - whether non-existence of a particular fact establishes no evidence ground WORDS & PHRASES - "particular fact"

Statutes Migration Act 1958 (Cth) ss 476(1)(g), 476(4)(b)

Cases Chen v Minister for Immigration and Multicultural Affairs [1999] FCA 34 Applied Lia v Minister for Immigration and Multicultural Affairs [2001] FCA 65 Applied Minister for Immigration and Multicultural Affairs v Indatissa [2000] FCA 181 Applied Minister for Immigration and Multicultural Affairs v Rajamanikkam [2000] FCA 1023 Referred to

ZAHIRUL ISLAM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

W157 OF 2001

SACKVILLE, KIEFEL, HELY JJ

PERTH

8 NOVEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W157 OF 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ZAHIRUL ISLAM

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: SACKVILLE, KIEFEL and HELY JJ

DATE OF ORDER: 8 NOVEMBER 2001

WHERE MADE: PERTH

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

IN THE FEDERAL COURT OF AUSTRALIA