Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kovalev v Minister for Immigration & Multicultural Affairs [1999] FCA 557
ADMINISTRATIVE LAW – judicial review – consent orders – setting aside administrative decisions and remitting for reconsideration according to law – need for orders to specify error of law – need for court to be satisfied of grounds for and appropriateness of order.
PRACTICE AND PROCEDURE – consent orders – public nature of functions – need for court to specify content in such orders – orders to be within power and appropriate.
Migration Act 1958 (Cth)
Native Title Act 1993 (Cth)
National Bank of Australasia Ltd v Solar (1976) 28 FLR 372 discussed
Thomson Australia Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 150 applied
Australian Competition and Consumer Commission v Real Estate Institute of Western Australia (1999) 161 ALR 79 cited
Broers v Foster (1981) 36 ALR 605 cited
Sanchez v Minister for Immigration & Multicultural Affairs [1999] FCA 265 cited
Sloane v Minister for Immigration Local Government and Ethnic Affairs (1992) 37 FCR 429 cited
ALEXANDRE ALEXANDROVIC KOVALEV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N 49 of 1999
FRENCH J
6 MAY 1999 (Publication of Reasons)
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 49 OF 1999
BETWEEN: ALEXANDRE ALEXANDROVIC KOVALEV
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: FRENCH J
DATE OF ORDER: 14 April 1999
WHERE MADE: SYDNEY
THE COURT ORDERS BY CONSENT THAT: 1. The decision of the Refugee Review Tribunal be set aside. 2. The matter be remitted to a differently constituted Tribunal with a direction that that Tribunal comply with the procedures in section 430 of the Migration Act 1958 in that it make and state all such findings of fact as are necessary on the material before it including, but not restricted to, a finding as to whether the Applicant was detained and sexually assaulted by the police in Latvia prior to his departure. 3. The Respondent pay the Applicant's costs as agreed or taxed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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