Ram v Minister for Immigration & Multicultural Affairs [2002] FCA 1572

FEDERAL COURT OF AUSTRALIA

Ram v Minister for Immigration & Multicultural Affairs [2002] FCA 1572 MIGRATION – review of decision of Refugee Review Tribunal – refusal to grant protection (class XA) visa – whether reviewable error – whether Tribunal misinterpreted the law relating to the definition of persecution – whether Tribunal ignored relevant material – whether Tribunal's decision affected by jurisdictional error –whether Tribunal failed to observe prescribed procedures by conducting hearing without an interpreter Migration Act 1958 (Cth), s 425(1), s 427(7), s 476(1) Migration Regulations 1994 (Cth), Schedule 2, clause 866.221 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 applied Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 referred Minister for Immigration and Multicultural and Indigenous Affairs v Kord [2002] FCAFC 77 referred Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 referred Singh v Minister for Immigration and Multicultural Affairs (2001) 115 FCR 1 applied Perera v Minister for Immigration & Multicultural Affairs (1999) 92 FCR 6 discussed Long v Minister for Immigration and Multicultural Affairs (2000) 106 FCR 183 referred Cotofan v Minister for Immigration and Multicultural Affairs [2000] FCA 1042 referred Mazhar v Minister for Immigration and Multicultural Affairs (2000) 183 ALR 188 referred Liu v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 541 referred Tobasi v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1050 referred Ahmed v Minister for Immigration and Multicultural Affairs [2001] FCA 1101 referred Arif v Minister for Immigration and Multicultural Affairs [2002] FCA 1053 referred WAIZ v Minister for Immigration and Multicultural Affairs [2002] FCA 1375 referred VINOD RAM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 712 of 2001 KENNY J MELBOURNE 16 DECEMBER 2002