Semunigus v Minister for Immigration & Multicultural Affairs [1999] FCA 422

FEDERAL COURT OF AUSTRALIA

Semunigus v The Minister for Immigration &

Multicultural Affairs [1999] FCA 422 ADMINISTRATIVE LAW – migration law – appeal from a decision of the Refugee Review Tribunal - procedures contained in the Office of the United Nations High Commissioner for Refugees' Handbook on Procedures and Criteria for Determining Refugee Status – whether Tribunal obliged to apply these procedures ADMINISTRATIVE LAW – practice and procedure – Refugee Review Tribunal – time at which a decision is made Migration Act, 1958 (Cth) s 36(2), s 22AA, s 65(1)(a)(ii), s 420(2), s 427(1)(d), s 430(2), s 430(3), s 476(3), s 478(1) Administrative Decisions (Judicial Review) Act 1977 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) Convention relating to the Status of Refugees done at Geneva on 28 July 1951, Article 1A(2), Article 35 Protocol relating to the Status of Refugees done at New York on 31 January 1967 Vienna Convention on the Law of Treaties Article 31(3)(c)

Jayasinghe v Minister for Immigration and Ethnic Affairs (1997) 76 FCR 301 applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 referred to Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 referred to Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300 referred to Chan Yee Kin v Minister for Immigration and Multicultural Affairs (1989) 169 CLR 379 Shahzad Gull Awan v Minister for Immigration and Multicultural Affairs (Federal Court of Australia, Davies J, 9 April 1998) referred to Eshetu v Minister for Immigration and Ethnic Affairs (1996) 142 ALR 474 referred to Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 160 ALR 543 referred to Director-General of Social Services v Chaney (1980) 31 ALR 571 applied Rice-Growers Co-operative Mills Ltd v Bannerman (1981) 56 FLR 443 referred to GETACHEW SEMUNIGUS v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS, MR BRENDAN KISSANE constituting the REFUGEE REVIEW TRIBUNAL AG 62 of 1998 FINN J MELBOURNE (HEARD IN CANBERRA) 14 APRIL 1999