Dulan, Mohamed Layan v The Minister for Immigration & Multicultural Affairs [1998] FCA 1498

FEDERAL COURT OF AUSTRALIA

IMMIGRATION – refugees –applicant granted refugee status in South Africa - decision that applicant is not a person to whom Australia has protection obligations by reason of his right to reside in, enter and re-enter South Africa – application of decision in Thiyagarajah v Minister for Immigration and Multicultural Affairs (1997) 151 ALR 685 – whether Refugee Review Tribunal ("RRT") failed to direct applicant's attention to critical issue by failing to draw Thiyagarajah decision to attention of applicant or applicant's legal representative – whether applicant should have been given access to documents on which RRT's decision based. Migration Act 1951 (CTH), ss 420, 425, 476 (1) (a) Thiyagarajah v Minister for Immigration and Multicultural Affairs (1997) 151 ALR 685, referred to Kioa v West (1985) 159 CLR 550, considered Al-Mehdawi v Secretary of State for the Home Department [1990] 1 AC 876, referred to Ozmanian v Minister for Immigration, Local Government and Ethnic Affairs (1996) 137 ALR 103, applied

MOHAMED LAYAN DULAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 547 of 1998 LINDGREN J SYDNEY 27 NOVEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 547 of 1998

BETWEEN: Mohamed Layan Dulan

Applicant

AND: Minister for Immigration and Multicultural Affairs

Respondent

JUDGE: LINDGREN J

DATE OF ORDER: 27 november 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The decision of the Refugee Review Tribunal given on 25 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.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 547 of 1998