Baig v Minister for Immigration & Multicultural Affairs [2002] FCA 380

FEDERAL COURT OF AUSTRALIA

Baig v Minister for Immigration & Multicultural Affairs [2002] FCA 380

MIGRATION – protection visa – whether Refugee Review Tribunal failed to observe a procedure required – failure to invite applicant to comment on material relied on by tribunal as part of the reason for its decision – material in fact tended to support applicant's case but was misconstrued by tribunal – whether applicant denied the possibility of a successful outcome – whether no evidence or other material to justify the making of the decision – finding that there was no by-election near the applicant's home in which he could have campaigned – whether finding of the existence of a particular fact – whether finding expressed in negative terms can be such a finding – whether tribunal based its decision on particular fact – whether there was other evidence or material justifying the decision

Migration Act 1958 (Cth) ss 5(1), 36(2), 424A(1), 424A(3), 424A(4)(b), 476(1)(a), 476(1)(g), 476(4)(b), 481(1)(b) Federal Court Rules O 80 Minister for Immigration & Multicultural Affairs v Al Shamry [2001] FCA 919 applied Stead v State Government Insurance Commission (1986) 161 CLR 141 considered Giretti v Commissioner of Taxation (1996) 70 FCR 151 considered Abriel v Australian Guarantee Corporation [2001] FCA 165 referred to Carlos v Minister for Immigration & Multicultural Affairs [2001] FCA 301 referred to Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57 (2000) 204 CLR 82 considered N258/00A v Minister for Immigration & Multicultural Affairs [2000] FCA 993 (2000) 101 FCR 478 referred to Ordeniza v Minister for Immigration & Multicultural Affairs [2001] FCA 35 referred to Pei Lan He v Minister for Immigration & Multicultural Affairs [2001] FCA 446 referred to Kheirollahpoor v Minister for Immigration & Multicultural Affairs [2000] FCA 1350 referred to Abila v Minister for Immigration & Multicultural Affairs [2001] FCA 1186 referred to Sarancharkh v Minister for Immigration & Multicultural Affairs [2001] FCA 1461 referred to Minister for Immigration & Multicultural Affairs v Indatissa [2001] FCA 181 considered ABDUL KHALIQUE BAIG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 358 of 2001