Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Han v Minister for Immigration & Multicultural Affairs [1999] FCA 376 MIGRATION – whether Refugee Review Tribunal bound to follow United Nations Handbook – whether Tribunal made findings on material questions of fact as required by s 430(1)(c) of the Migration Act 1958 (Cth) in view of the need for a beneficial construction of Tribunal's reasons.
Migration Act 1958 (Cth), ss 420(2)(b), 430(1)(b), 430(1)(c), 476(1)
Eshetu v Minister for Immigration & Multicultural Affairs (1997) 71 FCR 300, considered. Chan v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379, discussed. Premalal v Minister for Immigration, Local Government & Ethnic Affairs (1993) 41 FCR 117, discussed. Paramananthan v Minister for Immigration & Multicultural Affairs (1998) 160 ALR 24, followed. Sellamuthu v Minister for Immigration & Ethnic Affairs, [1999] FCA 247, cited. Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402, cited. Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559, considered. Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, considered. Borsa v Minister for Immigration & Multicultural Affairs [1999] FCR 348, cited.
CHUAN MING Han v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 20 OF 1999 JUDGE: SACKVILLE J DATE: 14 APRIL 1999 PLACE: SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 20 OF 1999
BETWEEN: CHUAN MING HAN
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: SACKVILLE J
DATE OF ORDER: 14 APRIL 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal made on 10 December 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 fifty per cent of the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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