Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802

FEDERAL COURT OF AUSTRALIA

Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802 MIGRATION – appeal from review of Refugee Review Tribunal refusing to grant a protection visa – sur place claims of fear of persecution by reason of imputed political opinion – Tribunal failed to consider and deal with all the claims of the applicant or all essential elements of claim – Tribunal under duty to deal with the claim actually raised by the material – failure to exercise jurisdiction or to consider statutorily relevant consideration – a failure to attend to evidence distinguished from Yusuf jurisdictional error – Tribunal failed to properly assess possibilities of future persecution and so to properly apply 'real chance of persecution' test – cumulative consideration of risk of persecution – appeal allowed – remitted to Tribunal. Migration Act 1958 (Cth) s 414, s 476 Migration Regulations 1984 reg 866 Chen v Minister for Immigration and Multicultural Affairs (2000) 106 FCR 157 referred to Minister for Immigration and Multicultural Affairs v Sarrazola (2001) 107 FCR 184 referred to Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287 referred to Paramanathan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 referred to Satheeskumar v Minister for Immigration and Multicultural Affairs [1999] FCA 1285 referred to Giraldo v Minister for Immigration and Multicultural Affairs [2001] FCA 113 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 applied Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied Minister for Aboriginal Affairs v Peko Wallsend (1986) 162 CLR 24 applied Thiet Naing Htun v Minister for Immigration and Multicultural Affairs W337 of 2001 SPENDER, MERKEL and ALLSOP JJ 18 DECEMBER 2001 SYDNEY