V v Minister for Immigration & Multicultural Affairs [1999] FCA 428

FEDERAL COURT OF AUSTRALIA

V v Minister for Immigration & Multicultural Affairs

[1999] FCA 428

MIGRATION – Refugee application – Review of decision of Refugee Review Tribunal – Claim of fear of persecution on account of political opinion – Appellant claimed to have fled Russia after assault on friend engaged with him in investigating political corruption – Whether attitude of resistance to corruption may constitute political opinion – Whether Tribunal failed to give reasons and findings on material questions of fact. Guo Wei Rong v Minister for Immigration & Ethnic Affairs (1996) 64 FCR 151 referred to Minister for Immigration & Ethnic Affairs v Y [1998] FCA 15 May 1998 approved Migration Act 1958, s430(1) V v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS NG965 of 1998 WILCOX, HILL and WHITLAM JJ 14 APRIL 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG965 OF 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: V

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

JUDGES: WILCOX, HILL and WHITLAM JJ

DATE OF ORDER: 14 APRIL 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be allowed.

2. The orders made by Moore J on 27 August 1998 be set aside and, in lieu thereof, it be ordered that:

(a) the decision of the Refugee Review Tribunal of 28 January 1998 be set aside and the application to the Tribunal for review of the decision of the delegate of the Minister dated 9 May 1996 be remitted to the Tribunal for redetermination.

(b) The respondent, the Minister for Immigration & Multicultural Affairs, pay the costs incurred by the appellant, V in respect of the hearing before Moore J.

3. The respondent pay any costs incurred by the appellant in connection with the appeal to this Court.