Kalala v Minister for Immigration & Multicultural Affairs [2001] FCA 1594

FEDERAL COURT OF AUSTRALIA

Kalala v Minister for Immigration & Multicultural Affairs [2001] FCA 1594

immigration – appeal – review of decision of Refugee Review Tribunal ("the Tribunal") affirming refusal to grant protection visa – Tribunal uncertain about information in a newspaper article – need for Tribunal to be satisfied of something that may be constituted by a mere, although a real and substantial, possibility – whether Tribunal should have applied "real chance" analysis – onus of proof – need for Tribunal to consider any possible grounds of Convention related persecution raised by material before Tribunal even if not advanced by applicant.

Migration Act 1958 (Cth), ss 65, 476(1)(e), 481(1)

Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379, applied Abebe v Commonwealth of Australia (1999) 197 CLR 510, applied Minister for Immigration & Multicultural Affairs v Rajalingam (1999) 93 FCR 220,cited Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559, applied Wu Shan Liang v Minister for Immigration & Multicultural Affairs (1996) 185 CLR 259, referred to Somanader v Minister for Immigration & Multicultural Affairs (2001) 178 ALR 677, cited Ponnudurai v Minister for Immigration & Multicultural Affairs [2000] FCA 91, cited Kalala v Minister for Immigration & Multicultural Affairs (1999) 61 ALD 142, referred to Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1, referred to Paramananthan v Minister for Immigration & Multicultural Affairs (1999) 94 FCR 28, cited Sellamuthu v Minister for Immigration & Multicultural Affairs (1999) 90 FCR 287, cited Satheeskumar v Minister for Immigration & Multicultural Affairs [1999] FCA 1285, cited Minister for Immigration & Ethnic Affairs v Conyngham (1986) 11 FCR 528, referred to MUTSHIMANS KALALA v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS V9 of 2001 12 NOVEMBER 2001 NORTH, MADGWICK & KENNY JJ MELBOURNE