Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sergyeyeva v Minister for Immigration & Multicultural Affairs [2001] FCA 1670
MIGRATION – refugee – application for review of decision of Refugee Review Tribunal – claim by citizen of Ukraine of well-founded fear of persecution for reason of religion (Scientology) – Tribunal did not believe applicant's account of past persecution in certain respects – ground of review that there was no evidence or other material to justify Tribunal's state of non-satisfaction with applicant's account – whether Tribunal's state of non-satisfaction was based on existence of a particular fact which did not exist – whether error of law ground established in Tribunal's alleged failure to deal with claims touching her son's treatment by the authorities in Ukraine
Migration Act 1958 (Cth) ss 476(1)(e), (g), 476(4)(b)
Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 cited Minister for Immigration & Multicultural Affair v Indatissa [2001] FCA 181 cited Minister for Immigration & Multicultural Affairs v Al-Miahi [2001] FCA 744 cited Al-Asam v Minister for Immigration & Multicultural Affairs [2001] FCA 1361 cited Munkayilar v Minister for Immigration & Multicultural Affairs (1997) 49 ALD 588 followed Mijoljevic v Minister for Immigration & Multicultural Affairs [1999] FCA 834 followed Sunarso v Minister for Immigration & Multicultural Affairs (2000) 99 FCR 125 followed IRYNA SERGYEYEVA & ANOR v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 966 OF 2001 LINDGREN J 3 DECEMBER 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 966 OF 2001
BETWEEN: IRYNA SERGYEYEVA AND SERGIY SERGYEYEV
APPLICANTS
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 3 DECEMBER 2001
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