VTAG v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 447

FEDERAL COURT OF AUSTRALIA

VTAG v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 447 MIGRATION – application for protection visa – applicant claimed he was beaten at political demonstration and subsequently detained – Tribunal accepted applicant attended demonstration but did not accept claim that he was detained – Tribunal did not address whether applicant beaten – whether Tribunal required to address that claim – whether "integer" of applicant's claim to protection – whether Tribunal applied correct test for determining whether applicant had well-founded fear of persecution – whether Tribunal's conclusion illogical – whether illogical conclusion of itself gives rise to jurisdictional error Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 474 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 referred to Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 184 considered SCAT v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 80 discussed Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 discussed Labara v Minister for Immigration and Multicultural Affairs [2002] FCAFC 145 referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Minister for Immigration, Local Government & Ethnic Affairs v Pashmforoosh (1989) 18 ALD 77 referred to SFGB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 231 referred to W396/01 v Minister for Immigration and Multicultural Affairs (2002) 68 ALD 69 considered Plaintiff S157/2002 v The Commonwealth of Australia (2003) 211 CLR 476 referred to Paul v Minister for Immigration & Multicultural & Indigenous Affairs (2001) 113 FCR 396 considered VAJ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 59 discussed Abebe v The Commonwealth of Australia (1999) 197 CLR 510 referred to WAAD v Minister for Immigration and Multicultural Affairs [2002] FCAFC 399 referred to Minister for Aboriginal Affairs v Peko Wallsend Ltd (1986) 162 CLR 24 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred to Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 referred to NACB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 235 applied NATC v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 52 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002; Appellant S106/2002 v Minister for Immigration and Multicultural Affairs (2003) 198 ALR 59 discussed VTAG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V877 of 2003 WEINBERG J 16 APRIL 2004 MELBOURNE