FEDERAL COURT OF AUSTRALIA
Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802
MIGRATION – appeal from review of Refugee Review Tribunal refusing to grant a protection visa – sur place claims of fear of persecution by reason of imputed political opinion – Tribunal failed to consider and deal with all the claims of the applicant or all essential elements of claim – Tribunal under duty to deal with the claim actually raised by the material – failure to exercise jurisdiction or to consider statutorily relevant consideration – a failure to attend to evidence distinguished from Yusuf jurisdictional error – Tribunal failed to properly assess possibilities of future persecution and so to properly apply ‘real chance of persecution’ test – cumulative consideration of risk of persecution – appeal allowed – remitted to Tribunal.
Migration Act 1958 (Cth) s 414, s 476
Migration Regulations 1984 reg 866
Chen v Minister for Immigration and Multicultural Affairs (2000) 106 FCR 157 referred to
Minister for Immigration and Multicultural Affairs v Sarrazola (2001) 107 FCR 184 referred to
Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287 referred to
Paramanathan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 referred to
Satheeskumar v Minister for Immigration and Multicultural Affairs [1999] FCA 1285 referred to
Giraldo v Minister for Immigration and Multicultural Affairs [2001] FCA 113 referred to
Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 applied
Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 applied
Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied
Minister for Aboriginal Affairs vPeko Wallsend (1986) 162 CLR 24 applied
Thiet Naing Htun v Minister for Immigration and Multicultural Affairs
W337 of 2001SPENDER, MERKEL and ALLSOP JJ
18 DECEMBER 2001
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
W337 of 2001
On appeal from a decision of a single judge of the Federal Court of Australia
BETWEEN:
THIET NAING HTUN
APPELLANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENTJUDGE:
SPENDER, MERKEL and ALLSOP JJ
DATE OF ORDER:
18 DECEMBER 2001
WHERE MADE:
SYDNEY (Heard in Perth)
THE COURT ORDERS THAT:
1. the appeal be allowed;
2. the respondent pay the appellant’s costs; and
3. the matter be remitted to the Refugee Review Tribunal for reconsideration according to law.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
W337 of 2001
On appeal from a decision of a single judge of the Federal Court of Australia
BETWEEN:
THIET NAING HTUN
APPELLANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE:
SPENDER, MERKEL and ALLSOP JJ
DATE:
18 DECEMBER 2001
PLACE:
SYDNEY (Heard in Perth)
REASONS FOR JUDGMENT
SPENDER J:
I have had the benefit of reading, in draft form, the reasons for judgment of Allsop J. I agree with those reasons and with the orders…
Keep reading for free
Create a free CaseChat account to read Htun v Minister for Immigration & Multicultural Affairs and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2001] FCA 1802
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the Tribunal had correctly applied the relevant provisions of the Migration Act and the Refugee Convention in assessing the appellant's application for refugee status. Specifically, the court needed to determine whether the Tribunal had erred in its consideration of the appellant's political beliefs and the risk of persecution he faced if returned to Myanmar. The court also had to consider whether the Tribunal had given proper weight to the evidence presented by the appellant in support of his application.
The court found that the Tribunal had erred in its assessment of the appellant's refugee status. The court held that the Tribunal had not given proper weight to the evidence presented by the appellant and had failed to adequately consider the risk of persecution he faced if returned to Myanmar. The court found that the Tribunal's decision was flawed and remitted the matter back to the Tribunal for reconsideration according to law. The court also ordered that the respondent pay the appellant's costs and allowed the appeal. The matter was to be remitted to the Refugee Review Tribunal for reconsideration in accordance with the court's decision.
Orders
Orders of the court
1. the appeal be allowed;
2. the respondent pay the appellant’s costs; and
3. the matter be remitted to the Refugee Review Tribunal for reconsideration according to law.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.