Chemaly, Yolla Majid v Minister for Immigration & Multicultural Affairs [1998] FCA 1403

FEDERAL COURT OF AUSTRALIA MIGRATION – Application for review of decision by the Refugee Review Tribunal refusing grant of a protection visa - whether Tribunal bound to make further inquiries – whether there was a 'logical flaw' in the Tribunal's reasoning. Migration Act 1958 (Cth), ss 5 (1), 36 (2), 420 (2)(b), 476(1)(a), 476(4)(b), 476(1)(e), s 476 (1)(g) Kharroubi v Minister for Immigration and Multicultural Affairs (unreported, O'Connor J, 3 August 1998), cited Luu v Renevier (1989) 91 ALR 39, cited Minister for Immigration and Ethnic Affairs v Singh (1997) 74 FCR 553, cited Minister for Immigration, Local Government and Ethnic Affairs v Mok (1994) 55 FCR 375, cited Navaratne v Minister for Immigration and Multicultural Affairs (unreported, Tamberlin J, 1 August 1997), followed Nilufer Demir v Minister for Immigration and Multicultural Affairs (unreported, Ryan J, 19 October 1998), cited Tickner v Bropho (1993) 40 FCR 183, cited Sivalingam v Minister for Immigration and Multicultural Affairs (unreported, Sundberg J, 24 December 1998), cited Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505, followed Thevanathan v Minister for Immigration and Multicultural Affairs (unreported, Sundberg J, 24 December 1997), cited

YOLLA MAJID CHEMALY v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS NG 528 of 1998 SACKVILLE J. SYDNEY 26 OCTOBER, 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 528 of 1998

BETWEEN: YOLLA MAJID CHEMALY

Applicant

AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent

JUDGE: SACKVILLE J

DATE: 26 OCTOBER 1998

PLACE: SYDNEY

THE COURT ORDERS THAT: 1. The Application be dismissed. 2. The decision of the Refugee Review Tribunal made on 5 May 1998 be affirmed. 3. The Applicant pay the Respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.