Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
W217/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 892
MIGRATION – refugee – refusal of a protection visa – application for review of Refugee Review Tribunal decision – applicant Christian Jordanian – applicant alleged authorities treated him as an apostate - children's birth certificates indicate authorities consider applicant Muslim – Tribunal notified of documents but did not sight documents – whether Tribunal erred in finding applicant fabricated evidence of possessing documents – whether Tribunal erred by failing to address the question of whether the applicant was regarded under Sharia law as an apostate – whether real risk of persecution for reason of religion if returned to Jordan
Migration Act 1958 (Cth)ss 5, 13, 14, 36(2), 65, 189, 196, 430, 476(1)(g), 476(4)(b) Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(h), 5(3)(b)
Minister for Immigration & Multicultural Affairs v Bhardwaj (2002) 187 ALR 117 applied Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 applied Secretary of State v Tameside [1977] AC 1014 cited Television Capricornia Pty Ltd v Australian Broadcasting Tribunal (1986) 70 ALR 147 cited Kamal v Minister for Immigration & Multicultural Affairs [2002] FCA 818 applied Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 applied Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 cited Minister for Immigration & Multicultural Affairs v Applicant C [2001] FCA 1332 cited Minister for Immigration & Multicultural Affairs v Rajamanikkam (2000) 179 ALR 495 cited Aala v Minister for Immigration & Multicultural Affairs [2002] FCAFC 204 cited Kheirollahpoor v Minister for Immigration & Multicultural Affairs [2000] FCA 1350 cited Jegatheeswaran v Minister for Immigration & Multicultural Affairs [2001] FCA 865 applied Guden v Minister for Immigration & Multicultural Affairs (2000) 58 ALD 352 applied Sarancharkh v Minister for Immigration & Multicultural Affairs [2001] FCA 1461 not followed Abila v Minister for Immigration & Multicultural Affairs [2001] FCA 1186 not followed N258/00A v Minister for Immigration & Multicultural Affairs (2000) 101 FCR 478 not followed
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