Soudakov v Minister for Immigration & Multicultural Affairs [2002] FCAFC 23; [2002] FCA 140

Soudakov v Minister for Immigration & Multicultural Affairs [2002] FCAFC 23 Soudakov v Minister for Immigration & Multicultural Affairs [2002] FCA 140

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation. * All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series. * All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Soudakov v Minister for Immigration & Multicultural Affairs [2002] FCA 140

MIGRATION – protection visas – application by two children born in Australia – parents previously refused protection visas – claim based on parents' fear of persecution – whether open to Tribunal to make findings of fact it made – whether Court can take account of facts subsequent to Tribunal's decision

Migration Act 1958 (Cth) ss 5, 36, 476, 476(1)(a), 476(1)(e), 476(1)(g) Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) s 3, Sch 1 item 8(1)

Yusuf v Minister for Immigration & Multicultural Affairs [2001] HCA 30 (2001) 180 ALR 1 applied Singh v Minister for Immigration & Multicultural Affairs [1999] FCA 1234 referred to Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 845 referred to MAXIM SOUDAKOV AND PAVEL SOUDAKOV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1179 of 2001 GRAY, CARR AND GOLDBERG JJ 22 FEBRUARY 2002 SYDNEY