Ullah v Minister for Immigration & Multicultural Affairs [2002] FCA 60

FEDERAL COURT OF AUSTRALIA

Ullah v Minister for Immigration & Multicultural Affairs [2002] FCA 60 MIGRATION – Review of decision of Refugee Review Tribunal – application for protection visa - jurisdictional error – whether Tribunal ignored relevant material in drawing inferences adverse the applicant's credibility – whether failure to do so gives rise to ground of review – nature of failure to consider relevant facts which will constitute error of law. MIGRATION – Review of decision of Refugee Review Tribunal – requirement that Tribunal be satisfied that the applicant meet the criteria for a protection visa – whether Tribunal imposed an onus of proof on the applicant in making its decision. Migration Act1958 (Cth), ss65(1), 36(2), 476(1)(b), 476(1)(e), 476(4)(b). Abebe v Commonwealth (1999) 197 CLR 510 - applied Awan v Minister for Immigration & Multicultural Affairs [2001] FCA 1036 - applied Capa v Minister for Immigration & Multicultural Affairs [2001] FCA 898 – referred to Chhour v Minister for Immigration & Multicultural Affairs [2001] FCA 911 - applied Craig v South Australia (1995) 184 CLR 163 – referred to Curragh Queensland Mining Ltd v Daniel (1992) FCR 212 – referred to Khan v Minister for Immigration & Multicultural Affairs [2001] FCA 736 – referred to Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 - applied Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 – referred to Minister for Immigration & Multicultural Affairs v Rajalingam (1999) 93 FCR 220 - applied Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 - applied Minister for Immigration and Multicultural Affairs; ex parte Cohen [2001] HCA 10 – referred to Waterford v Commonwealth (1987) 163 CLR 54 – referred to REHMAT ULLAH v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS S 138 of 2001 MANSFIELD J 8 FEBRUARY 2002 ADELAIDE