Ngo Quang Thuat v Minister for Immigration & Multicultural Affairs [1998] FCA 1489

FEDERAL COURT OF AUSTRALIA MIGRATION - appeal from Refugee Review Tribunal ("RRT") decision refusing refugee status – whether there was evidence or other material to justify the making of the decision – whether the procedures that were required by the Migration Act 1958 (Cth) or the Migration Regulations to be observed in connection with the making of the decision were observed – whether the RRT formed an adverse view as to the credit of the applicant based on factual errors in its findings - whether the RRT's failure to give the applicant an opportunity to present the truth to it about part of its evidence amounted to a substantial injustice and therefore an error of law Migration Act 1958 (Cth), ss 420, 476(1)(a), 476(1)(e), 476(g), 476(4)(b) Migration Regulations (Cth) Navaratne v Minister for Immigration and Ethnic Affairs (unreported, Federal Court, Tamberlin J, 1 August 1997), cited Kopalapillai v Minister for Immigration and Ethnic Affairs (unreported, Full Federal Court, 8 September 1998), cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, cited Thambythurai v Minister for Immigration and Multicultural Affairs (unreported, Federal Court, Finkelstein J, 16 September 1997), cited NGO QUANG THUAT v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 340 of 1998 O'CONNOR J SYDNEY 24 NOVEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 340 of 1998

BETWEEN: NGO QUANG THUAT

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: O'CONNOR J

DATE OF ORDER: 24 november 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal dated 24 March 1998 be set aside and remitted back to the Tribunal for reconsideration according to law. 2. The respondent pay the applicant's costs. NOTE: SETTLEMENT AND ENTRY OF ORDERS IS DEALT WITH IN ORDER 36 OF THE FEDERAL COURT RULES.