Minister for Immigration and Multicultural Affairs v Yusuf

Immigration – Refugees – Review by Refugee Review Tribunal of decision to refuse application for protection visa – Whether s 430(1)(c) of Migration Act 1958 (Cth) imposes a duty or obligation on Tribunal to make, and to set out, findings on all objectively material questions of fact.

Administrative law – Judicial review – Refugees – Application for protection visa – Judicial review of decision of Refugee Review Tribunal – Scope of grounds of review in Pt 8 of Migration Act 1958 (Cth) generally – Jurisdictional error as ground for review in s 476 of Migration Act 1958 (Cth).

Administrative law – Judicial review – Refugees – Application for protection visa – Judicial review of decision of Refugee Review Tribunal – Where Tribunal failed to refer to alternative basis of applicant's claim to have a well-founded fear of persecution – Whether constitutes a ground for judicial review in s 476 of Migration Act 1958 (Cth).

Administrative law – Judicial review – Refugees – Application for protection visa – Judicial review of decision of Refugee Review Tribunal – Significance of past acts to applicant's claim to have a well-founded fear of persecution – Where Tribunal made no express finding about one of three alleged past acts – Whether constitutes a ground for judicial review in s 476 of Migration Act.

Immigration – Refugees – Whether possible application of law of general application can give rise to a well-founded fear of persecution.

Constitution – s 75(v).

Migration Act 1958 (Cth) – Pt 8, ss 430 and 476.

Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 – disapproved.