Charaev v Minister for Immigration & Multicultural Affairs

FEDERAL COURT OF AUSTRALIA

Charaev v Minister for Immigration & Multicultural Affairs [2000] FCA 865

IMMIGRATION – no evidence ground – applicant must establish that decision of Tribunal was based upon a fact, that there was no evidence of that fact before the Tribunal, and that the fact is disproved.

Migration Act 1958 (Cth), ss 476(1)(g), 476(4)

Curragh Queensland Mining v Daniel (1992) 34 FCR 212 at 224
Pat Tat Choi v Minister for Immigration and Multicultural Affairs [1998] FCA 1556
T v Minister for Immigration and Multicultural Affairs [1999] FCA 878
Television Capricornia v Australian Broadcasting Tribunal (1986) FCR 511.
Yilan v Minister for Immigration and Multicultural Affairs [1999] FCA 854

SERGUEI CHARAEV v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
N 66 of 2000

SPENDER, MADGWICK AND EMMETT JJ
28 JUNE 2000
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 66 of 2000

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	SERGUEI CHARAEV APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGES:	SPENDER, MADGWICK & EMMETT JJ
DATE OF ORDER:	28 JUNE 2000
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal is allowed.

2.The matter is remitted to the Refugee Review Tribunal for determination according to law.

3.The respondent is to pay the appellant’s costs.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 66 OF 2000

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	SERGUEI CHARAEV APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGES:	SPENDER, MADGWICK & EMMETT JJ
DATE:	28 JUNE 2000
PLACE:	SYDNEY

REASONS FOR JUDGMENT

THE COURT:

1. The appellant is a national of the Russian Federation.  He entered Australia, with his wife, daughter and son, on 30 August 1996.  The appellant applied to the Department of Immigration and Multicultural Affairs for a protection visa on 19 September 1996.  On 8 May 1997, a delegate of the Minister refused the grant of a protection visa to the appellant and members of his family.  An application was made to the Refugee Review Tribunal (“the Tribunal”) for review of that decision.  On 7 October 1994, the Tribunal affirmed the delegate’s decision not to grant protection visas.

2. On 6 November 1998, the appellant filed an application for an order of review by the Federal Court of the decision of the Tribunal.  On 17 December 1999, a judge of the Court dismissed that application with costs.  From that order, the appellant now appeals to the Full Court.

3. The appellant asserted before the Tribunal that he faces a real chance of persecution in Russia for reasons of the stand he said he had taken in opposition to the authorities of the

   
   
   

   local administration in the area of Komsomolsk.  The appellant claimed that he was opposed to the undemocratic system that he says still operates in Russia.

4. The appellant, after completing his eduction in the Russian Far East, followed a variety of occupations in Komsomolsk, including the occupation of…