Asrat, Yonas Haile Giorgis v Vrachnas, J & Anor [1996] FCA 874

CATCHWORDS IMMIGRATION - allegation that Refugee Review Tribunal failed to act according to substantial justice - opportunity of applicant to comment on material - no factual basis to support allegations - no appropriate grounds of intervention by the Court Migration Act 1958 (Cth) No VG 111 of 1996 YONAS HAILE GIORGIS ASRAT Applicant - and - MR J VRACHNAS First Respondent - and - THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Second Respondent O'Loughlin J Melbourne 23 August 1996

IN THE FEDERAL COURT OF AUSTRALIA) ) VICTORIA DISTRICT REGISTRY ) No VG 111 of 1996 ) GENERAL DIVISION ) B E T W E E N:

YONAS HAILE GIORGAS ASRAT Applicant - and - MR J VRACHNAS First Respondent - and - THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Second Respondent MINUTES OF ORDER Coram: O'Loughlin J Place: Melbourne Date: 23 August 1996 THE COURT ORDERS THAT: 1. Application be dismissed.

2. The Applicant pay the Respondent's costs of and incidental to this hearing.

3. The costs are to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) ) VICTORIA DISTRICT REGISTRY ) No VG 111 of 1996 ) GENERAL DIVISION ) B E T W E E N:

YONAS HAILE GIORGAS ASRAT Applicant - and - MR J VRACHNAS First Respondent - and - THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Second Respondent EX TEMPORE REASONS FOR JUDGMENT Coram: O'Loughlin J Place: Melbourne Date: 23 August 1996 This proceeding is an application to the Court under Part VIII of the Migration Act 1958 (Cth) ("the Act"). In it, the applicant, Mr Asrat, seeks an order of review of a decision that was made by the Refugee Review Tribunal ("the Tribunal" or "the RRT") on 5 February 1996. The application is grounded in s476(1)(a) of the Act which so far as is relevant states that this Court may review a decision of the RRT if procedures that were required by the Act or the regulations to be observed in connection with the making of a decision were not observed.