Ahmed v Minister for Immigration & Multicultural Affairs [1999] FCA 811

FEDERAL COURT OF AUSTRALIA

Ahmed v Minister for Immigration and Multicultural Affairs [1999] FCA 811 MIGRATION – Migration Act 1958 (Cth) ("the Act") – whether the Refugee Review Tribunal ("the Tribunal") had material before it upon which it based its findings – whether the Tribunal erred in its decision-making procedure by its failure to take account of material before it – whether Tribunal complied with the requirements of s 430 of the Act Migration Act 1958 (Cth), ss 55, 430, 476(1)(a)

J C Hathaway, The Law of Refugee Status P Zambelli (ed),The 1995 Annotated Refugee Convention: 1951 Convention Relating to the Status of Refugees Fleming v R (1998) 158 ALR 379, cited Abebe v The Commonwealth of Australia (1999) 162 ALR 1, cited Paramananthan v Minister for Immigration and Multicultural Affairs (1999) 160 ALR 24, cited Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24, cited Sun Zhan Qui v Minister for Immigration and Ethnic Affairs [1997] FCA 324, cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577, considered MISBAL AYDID AHMED v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 3 of 1999 LEE, BRANSON and MARSHALL JJ SYDNEY 21 JUNE 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 3 of 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MISBAL AYDID AHMED

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGES: LEE, BRANSON AND MARSHALL JJ

DATE OF ORDER: 21 JUNE 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

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