Minister for Immigration & Multicultural Affairs v Israelian [1999] FCA 649

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Israelian [1999] FCA 649 MIGRATION – appeal from decision of single judge to set aside the decision of the Refugee Review Tribunal not to grant protection visa and remit the matter to the Tribunal – Armenian applicant – whether the Tribunal failed to consider applicant was a member of particular social group of deserters and draft evaders – whether Tribunal failed to make findings of fact – where Tribunal failed to have regard to all evidence – non-observance of procedures by Tribunal – failure to provide adequate reasons - discretion of court to remit matter to the Tribunal – whether a matter is futile - objection to military service in Nagorno-Karabakh war.

Migration Act 1958 (Cth), ss 420(2)(b) , 425(1)(b), 430(1)(b), (c), (d), 476(1)(a), 481(1)(b)

Migration Regulations Thevendram v Minister for Immigration & Multicultural Affairs [1999] FCA 182 followed Rahim v Minister for Immigration & Multicultural Affairs (1997) 78 FCR 223 [at 228] referred to

Ranatora v Minister for Immigration & Multicultural Affairs (1998) 154 ALR 693 [at 700] referred to/followed Nguyen v Minister for Immigration & Multicultural Affairs (1998) 158 ALR 639 [at 647-8] referred to MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v OGANES ISRAELIAN VG 211 OF 1998 EINFELD, NORTH & EMMETT JJ MELBOURNE 20 MAY 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 211 OF 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Appellant

AND: OGANES ISRAELIAN

Respondent

JUDGES: EINFELD, NORTH & EMMETT JJ

DATE OF ORDER: 20 MAY 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be dismissed with costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.