Budiyal, Rajiv Singh v The Minister for Immigration & Multicultural Affairs [1998] FCA 243

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW - decision of the Refugee Review Tribunal ("RRT") - application for Protection Visa - whether s 420(2)(b) of the Migration Act 1958 (Cth) proscribes a procedure for the purposes of s 476(1)(a) - whether s 425(1) of the Migration Act 1958 (Cth) requires RRT to give reasonable opportunity to appear at hearing - whether standard letter sent by RRT containing self-executing deadline gave a reasonable opportuity to appear. The Migration Act 1958 (Cth) ss420(2)(b), 425(1), 426(1) and 476(1)(a) Migration Regulations 1994, rr 4.41, 5.03 1951 Convention Relating to the Status of Refugees Eshetu v Minister for Immigration and Ethnic Affairs (1997) 142 ALR 474, applied Thambythurai v Minister for Immigration and Multicultural Affairs (Unreported, 16 September 1997, Finkelstein J), applied Epeabaka v Minister for Immigration and Multicultural Affairs (1997) 150 ALR 397, applied Minister for Immigration and Ethnic Affairs v Guo (1997) 144 ALR 567, applied RAJIV SINGH BUDIYAL - v - THE MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS NG 923 OF 1997 TAMBERLIN J SYDNEY 20 MARCH 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 923 of 1997

BETWEEN: RAJIV SINGH BUDIYAL

Applicant

AND: MINISTER FOR IMMIGRATION &

MULTICULTURAL AFFAIRS

Respondent

JUDGE: TAMBERLIN J

DATE OF ORDER: 20 MARCH 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Application for Review be allowed. 2. The decision of the Refugee Review Tribunal be set aside. 3. The matter be remitted to the Refugee Review Tribunal for determination in accordance with law. 4. The respondent to pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.