Kola v Minister for Immigration & Multicultural Affairs [2002] FCAFC 59; [2002] FCA 265

Kola v Minister for Immigration & Multicultural Affairs [2002] FCAFC 59 Kola v Minister for Immigration & Multicultural Affairs [2002] FCA 265

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

Kola v Minister for Immigration & Multicultural Affairs [2002] FCA 265

MIGRATION – ethnic Albanians from Serbia flee to Albania and thence to Australia – whether RRT extended an invitation to the appellants in compliance with s 425(1) of the Migration Act 1958 (Cth) – whether the primary Judge had erred in applying the "effective protection" test – whether the RRT had failed to undertake inquiries on the effective protection issue – whether evidence to support the RRT's finding that the appellants could enjoy effective protection in Albania. Constitution, s 75(v) Convention relating to the Status of Refugees 1951, Arts 1A(2), 33 Protocol relating to the Status of Refugees 1967 Migration Act 1958 (Cth), ss 36, 414, 420(2)(b), 425, 474, 476, 486 Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Border Protection Legislation Amendment Act 1999 (Cth) Migration Legislation Amendment Act (No 1) 2001 (Cth) Al-Rahal v Minister for Immigration & Multicultural Affairs [2000] FCA 1005, cited. Al-Rahal v Minister for Immigration & Multicultural Affairs (2001) 110 FCR 73, cited. Minister for Immigration & Multicultural Affairs v Al Sallal (1999) 94 FCR 549, cited. Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611, cited. Al-Zafiry v Minister for Immigration & Multicultural Affairs [1999] FCA 443, cited. Jones v Minister for Immigration & Ethnic Affairs (1995) 63 FCR 37, cited. H v Minister for Immigration & Multicultural Affairs (2000) 63 ALD 43, cited. Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833, cited. De Silva v Minister for Immigration & Multicultural Affairs (2000) 98 FCR 364, applied. Minister for Immigration & Multicultural Affairs v Cho (1999) 92 FCR 315, cited. Mohammed v Minister for Immigration & Multicultural Affairs [2000] FCA 264, cited. Win v Minister for Immigration & Multicultural Affairs (2001) 205 FCR 212, cited. Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1, applied. Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82, cited. Re Minister for Immigration & Multicultural Affairs; Ex parte Miah (2001) 179 ALR 238, cited. Minister for Immigration & Multicultural Affairs v Anthonypillai (2001) 106 FCR 426, applied. Minister for Immigration & Multicultural Affairs v Applicant C [2001] FCA 1332, applied. Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321, applied. Minister for Immigration and Ethnic Affairs v Guo (1997) 197 CLR 559, cited. Minister for Immigration and Multicultural Affairs v Thiyagarajah (2000) 199 CLR 343, cited. Patto v Minister for Immigration and Multicultural Affairs (2000) 106 FCR 119, cited. V856/00A v Minister for Immigration and Multicultural Affairs [2001] FCA 1018, cited. Luu v Renevier (1989) 91 ALR 39, cited. Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155, cited. Minister for Immigration and Ethnic Affairs v Singh (1997) 144 ALR 284, cited. Saliba v Minister for Immigration and Ethnic Affairs (1998) 89 FCR 38, cited. Sarrazola v Minister for Immigration and Multicultural Affairs (2001) 107 FCR 184, cited.