NAEY v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 246

FEDERAL COURT OF AUSTRALIA

NAEY v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 246 MIGRATION – judicial review of Refugee Review Tribunal decision – whether the Tribunal had considered all material facts - fear of persecution for mixed Convention and non-Convention reason – proper approach to interpretation of Tribunal's reasons..

Judiciary Act 1903 (Cth) s 39B Migration Act 1958(Cth) s 91S

Giraldo v Minister for Immigration & Multicultural Affairs [2001] FCA 113 cited Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 cited V v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 355 cited Minister for Immigration and Multicultural Affairs v Sarrazola (1999) 95 FCR 517 cited Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287 cited Kalala v Minister for Immigration and Multicultural Affairs [2001] FCA 1594 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 followed Collector of Customs v Pozzolanic (1993) 43 FCR 280 cited Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 referred to Lobo v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 144 referred to NAEY v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1286 OF 2002 STONE J 25 MARCH 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1286 OF 2002

BETWEEN: NAEY

APPLICANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 25 MARCH 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.