Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Alphonsus v Minister for Immigration & Multicultural Affairs [1999] FCA 289 MIGRATION – judicial review of decision of Refugee Review Tribunal refusing to grant applicant protection visa – whether finding of fact made which was based on no evidence – whether no evidence for certain findings of fact – failure to give reasons or refer to evidence – applicant the subject of extortion – Tribunal found that extortion not practised on applicant for Convention reason – whether failure to give reasons or refer to evidence – error of law – Tribunal found applicant could relocate to another area of her country of nationality – whether Tribunal applied "reasonableness" test having regard to particular circumstances of applicant Migration Act 1958 (Cth) s 430(1) and s 481(1) Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 160 ALR 24 cited Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402 cited Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565 cited Perampalam v Minister for Immigration and Multicultural Affairs [1999] FCA 165 applied Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 applied
ANNAMAH ALPHONSUS v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 1065 OF 1998
LEHANE J
26 MARCH 1999 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1065 OF 1998
BETWEEN: ANNAMAH ALPHONSUS
Applicant
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: LEHANE J
DATE OF ORDER: 26 MARCH 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal dated 15 September 1998 be set aside. 2. The matter be remitted to the Refugee Review Tribunal, differently constituted, for determination according to law. 3. The respondent pay the applicant'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
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate