Tobasi v Minister for Immigration & Multicultural Affairs [2002] FCA 1050

FEDERAL COURT OF AUSTRALIA

Tobasi v Minister for Immigration & Multicultural Affairs [2002] FCA 1050 MIGRATION – application for protection visa – whether obligation under s 425(1) of the Migration Act as in force from 1 June 1999 following Migration Legislation Amendment Act (No.1) 1998 obliges Refugee Review Tribunal to provide an applicant with an opportunity to be heard. MIGRATION – application for a protection visa – review of decisions of Refugee Review Tribunal – whether interpretation at Tribunal hearing was inadequate – whether inadequacies in interpretation affected Tribunal's decision – whether inadequacies in interpretation constituted a failure to provide the applicant an opportunity to give evidence – whether Tribunal erred in failing to consider the applicant's claims cumulatively – whether Tribunal erred in assessing the applicant's claims on the basis that his past experiences might possibly be true – whether Tribunal based its findings on a particular fact that did not exist. Migration Act 1958 (Cth), ss 36(2), 476(1), 476(1)(a), 476(1)(b), 476(1)(e), 425(1) Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Migration Legislation Amendment Act (No.1) 1998 (Cth) Migration Legislation Amendment Act 1989 (Cth) Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1; [2001] HCA 30 - discussed Perera v Minister for Immigration & Multicultural Affairs (1999) 92 FCR 6 - discussed W284 v Minister for Immigration & Multicultural Affairs [2001] FCA 1788 - discussed Mazhar v Minister for Immigration & Multicultural Affairs [2000] FCA 1759; (2000) 64 ALD 395 – referred to Sreeram v Minister for Immigration & Multicultural Affairs [2001] FCA 53 - discussed De Silva v Minister for Immigration & Multicultural Affairs (2000) 98 FCR 364 - cited Minister for Immigration & Multicultural Affairs v Mohammad (2000) 101 FCR 434; [2000] FCA 1275 – referred to Xiao v Minister for Immigration & Multicultural Affairs [2000] FCA 1472 - discussed Liu v Minister for Immigration & Multicultural Affairs [2001] FCA 1362 - followed Ismail v Minister for Immigration & Multicultural Affairs [1999] FCA 1555 – referred to Long v Minister for Immigration & Multicultural Affairs [2000] FCA 1172 – referred to Craig v State of South Australia (1994) 184 CLR 163 - cited Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 555 - cited Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407; [2000] FCA 1 – discussed Minister fro Immigration & Multicultural Affairs v Rajalingam (1999) 93 FCR 220 – referred to Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 – referred to Minister for Immigration & Multicultural Affairs v Indatissa [2001] FCA 181 – referred to Mohammed v Minister for Immigration & Multicultural Affairs [2000] FCA 264 – referred to OSAMA MOHAMMED TOBASI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W.237 of 2001 MANSFIELD J 23 AUGUST 2002 ADELAIDE