Foroghi v Minister for Immigration & Multicultural Affairs [2001] FCA 1875

FEDERAL COURT OF AUSTRALIA

Foroghi v Minister for Immigration & Multicultural Affairs [2001] FCA 1875

IMMIGRATION –protection visa - Refugee Review Tribunal – application for judicial review – whether Tribunal erred by failing to fulfil a duty to inquire – whether Tribunal constructively failed to exercise jurisdiction – whether decision based on non-existent material or viable evidentiary basis – whether logical is an allowable ground of review – whether Tribunal failed to take relevant considerations into account Migration Act 1958 (Cth) ss 427(1)(d), 476(1) Migration Regulations 1994 (Cth) Convention relating to the Status of Refugees done at Geneva on 28 July 1951 Protocol relating to the Status of Refugees done at New York on 31 January 1967 Paramananthan v Minister for Immigration & Multicultural Affairs (1998) 160 ALR 24 referred to

Prasad v Minister for Immigration & Ethnic Affairs (1985) 6 FCR 1555 cited

Teoh v Minister for Immigration & Ethnic Affairs (1994) 49 FCR 409 cited

Minister for Immigration & Ethnic Affairs v Anthonypillai [2001] FCA 274 at [86], (2001) 106 FCR 426 applied

Yusuf and Isreaelian v Minister for Immigration & Multicultural Affairs [2001] HCA 30, (2001) 180 ALR 1 discussed

Nagappan v Minister for Immigration & Multicultural Affairs [2001] FCA 863 referred to

Cujba v Minister for Immigration & Multicultural Affairs [2001] FCA 699 referred to

Minister for Immigration & Multicultural Affairs v Al-Miahi [2001] FCA 744 referred to

CCC v Minister for Immigration & Multicultural Affairs [2001] FCA 682 referred to

Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 applied

Giraldo v Minister for Immigration & Multicultural Affairs [2001] FCA 113 followed

Kopalapillai v Minister for Immigration & Multicultural Affairs [1997] FCA 1510 referred to

Kopalapillai v Minister for Immigration & Multicultural Affairs (1998) 86 FCR 547 applied