Ali v Minister for Immigration & Multicultural Affairs [2002] FCA 658

FEDERAL COURT OF AUSTRALIA

Ali v Minister for Immigration & Multicultural Affairs [2002] FCA 658 MIGRATION – application for protection visa – consideration of Yusuf principles – whether Tribunal failed to have regard to relevant considerations – whether Tribunal had regard to irrelevant considerations – whether considerations giving the Tribunal an adverse impression of the applicant's demeanour at a hearing are relevant considerations – application for review dismissed. MIGRATION – application for protection visa – whether decision of Tribunal based on non-existence of particular fact later found to have existed – standard of proof – ground of review not intended to provide applicant an opportunity to re-litigate matters which might properly have been litigated before the Tribunal. Migration Act 1958 (Cth), ss 36(2), 65(1), 476(1)(b), 476(1)(c), 476(1)(e), 476(1)(g), 476(4)(b) Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 – discussed Awan v Minister for Immigration & Multicultural Affairs [2001] FCA 1036 – referred to Chhour v Minister for Immigration & Multicultural Affairs [2001] FCA 911 – referred to Capa v Minister for Immigration & Multicultural Affairs [2001] FCA 898 – referred to Khan v Minister fro Immigration & Multicultural Affairs [2001] FCA 736 – referred to Lay Kon Tji v Minister for Immigration & Ethnic Affairs [1998] 1380 – referred to Minister for Immigration & Multicultural Affairs v Indatissa [2001] FCA 181 - discussed HASSAN ALI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS S.118 of 2001 MANSFIELD J 30 MAY 2002 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S.118 OF 2002

BETWEEN: HUSSAN ALI

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS