Federal Court of Australia
CATCHWORDS ADMINISTRATIVE LAW - Procedural Fairness - Refugee status - whether Tribunal applied the correct test to evaluate whether the applicant had a "well-founded fear of persecution" - whether the Tribunal expressed itself in uncertain terms Administrative Decisions (Judicial Review) Act 1977 (Cth) Convention Relating to the Status of Refugees: Art1 Migration Act 1958 (Cth): s4 Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379; followed. Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280; applied. Minister for Immigration, Local Government and Ethnic Affairs v Mok Gek Bouy (1994) 127 ALR 223; discussed. Wu Shan Liang v Minister for Immigration and Ethnic Affairs (Full Federal Court, unreported, 23 June 1995); applied. Powell v Lenthall (1930) 44 CLR 470; distinguished. RUPERTO OBEJAS JR v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS No NG 581 of 1994 CORAM: HILL J PLACE: SYDNEY DATED: 16 AUGUST 1995
IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG 581 of 1994 ) GENERAL DIVISION )
ON APPEAL FROM A DEPUTY REGISTRAR OF THE REFUGEE REVIEW TRIBUNAL BETWEEN: RUPERTO OBEJAS JR Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS First Respondent KAY RANSOME sitting as REFUGEE REVIEW TRIBUNAL Second Respondent
CORAM: HILL J PLACE: SYDNEY DATED: 16 AUGUST 1995
MINUTES OF ORDER
THE COURT ORDERS THAT:
(1) The appeal be dismissed.
(2) The applicant pay the costs of the first respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG 581 of 1994 ) GENERAL DIVISION ) ON APPEAL FROM A DEPUTY REGISTRAR OF THE REFUGEE REVIEW TRIBUNAL BETWEEN: RUPERTO OBEJAS JR Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS First Respondent KAY Ransome sitting as REFUGEE REVIEW TRIBUNAL Second Respondent CORAM: HILL J PLACE: SYDNEY DATED: 16 AUGUST 1995
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