Federal Court of Australia
FEDERAL COURT OF AUSTRALIA MIGRATION – appeal from Federal Court – review of decision of Refugee Review Tribunal ("RRT") – whether "well-founded fear of persecution" – consequences of mistaken finding of fact – whether existence of fact was material – consideration of RRT – whether reasonable to relocate – failure to observe procedure – whether failure to read submissions lodged with RRT. Migration Act 1958 (Cth) ss 36, 430 and 476, Migration Regulations Part 866 of Schedule 2 Administrative Decisions Judicial Review Act 1977 (Cth), s 5
1951 Convention Relating to the Status of Refugees as amended by the 1967 Protocol Curragh Queensland Mining Limited v Daniel (1992) 34 FCR 212, applied Randhawa v The Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437, applied Reg v Immigration Appeal Tribunal; Ex parte Jonah [1985] Imm. A.R.7, cited Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, cited Periannan Murugasu v The Minister for Immigration and Ethnic Affairs (unreported, 28 July 1987 at 13), cited Adan v The Secretary of State for the Home Department (1998) 2 WLR 702, distinguished KHADRA MOHAMED ABDALLA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 56 OF 1998 BURCHETT, TAMBERLIN & EMMETT JJ SYDNEY 20 AUGUST 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 56 of 1998
ON APPEAL FROM A SINGLE JUDGE
OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: KHADRA MOHAMED ABDALLA
AppELLANT
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
Respondent
JUDGES: BURCHETT, TAMBERLIN & EMMETT JJ
DATE OF ORDER: <20 AUGUST 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1 The appeal is allowed; 2. The orders of Beaumont J are set aside; 3. The decision of the RRT is set aside and the matter is to be remitted to a differently constituted Tribunal for determination in accordance with law; 4. The respondent to pay the costs of this appeal; 5. The appellant to pay the costs of the application before Beaumont J. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
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