FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Multicultural Affairs v “Y” [2001] FCA 859
MIGRATION – application for protection visa - decision of Refugee Review Tribunal – whether reasons of Tribunal failed to comply with s 430 of the Migration Act 1958 (Cth) - whether fear of harm from sporadic outbreaks of ethnic or religious violence can constitute persecution - whether error of law by Tribunal affected decision.
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v “Y”
V 428 OF 2000
BLACK CJ, LEE AND MERKEL JJ
MELBOURNE
6 JULY 2001
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IN THE FEDERAL COURT OF AUSTRALIA |
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V 428 OF 2000 |
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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BETWEEN: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS APPELLANT
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AND: |
"Y" RESPONDENT |
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DATE OF ORDER: |
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WHERE MADE: |
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The order of the primary judge be set aside and in lieu thereof the application for review of the Tribunal’s decision be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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V 428 OF 2000 |
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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BETWEEN: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS APPELLANT
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AND: |
RESPONDENT
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JUDGES: |
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DATE: |
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PLACE: |
REASONS FOR JUDGMENT
THE COURT:
1 This is an appeal by the appellant (“the Minister”) from orders made by a judge of this Court (North J), which set aside a decision made by the Refugee Review Tribunal (“the Tribunal”) that the respondent not be granted a “protection visa” and which directed that the matter be returned to the Tribunal for re-determination.
2 The relevant facts and the arguments in the appeal were indistinguishable from those set out in the reasons provided in Minister for Immigration and Multicultural Affairs v “X” [2001] FCA 858, contemporaneously with these reasons, the appeals having been heard together.
3 For the reasons set out in Minister for Immigration and Multicultural Affairs v “X” the appeal must be allowed, his Honour’s orders set aside and the application for review of the Tribunal’s decision dismissed.
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I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Chief Justice Black and Justices Lee and Merkel. |
Associate:
Dated: 6 July 2001
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Counsel for the Appellant: |
Mr AL Cavanough QC |
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Solicitor for the Appellant: |
Australian Government Solicitor |
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Counsel for the Respondent: |
Mr RM Niall |
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Solicitor for the Respondent: |
Erskine Rodan and Associates |
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Date of Hearing: |
8 November 2000 |
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Date of Judgment: |
6 July 2001 |
