Applicant P v Minister for Immigration & Multicultural Affairs [1999] FCA 920

FEDERAL COURT OF AUSTRALIA

Applicant P v Minister for Immigration & Multicultural Affairs [1999] FCA 920 MIGRATION – application for review of decision of Refugee Review Tribunal ("the RRT") refusing protection visa – whether no reasons given to support finding – whether failure to consider objective facts – whether no findings on material questions of fact – whether unreasonableness and substantial injustice grounds for review – whether sufficient reasons to determine if incorrect test of well-founded persecution applied – where applicant is a member of Berber ethnic minority in Algeria

WORDS and PHRASES – "reasons", "unreasonableness"

1951 Convention Relating to the Status of Refugees as amended by the 1967 Protocol Relating to the Status of Refugees Article 1A(2)

Migration Act 1958 (Cth) ss 430(1), 476

Abebe v The Commonwealth [1999] HCA 14, at par 192, 193 and 199, cited Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402, followed Bisley Investment Corporation Ltd v Australian Broadcasting Tribunal (1982) 59 FLR 132, followed Minister for Immigration and Multicultural Affairs v Eshutu [1999] HCA 21, followed APPLICANT P v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 154 OF 1999 TAMBERLIN J SYDNEY 8 JULY 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 154 OF 1999

BETWEEN: APPLICANT P

Applicant

AND: MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: TAMBERLIN J

DATE OF ORDER: 8 JULY 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for review is granted. 2. The decision of the Refugee Review Tribunal is set aside. The matter is remitted to the Refugee Review Tribunal for consideration in accordance with law. 3. The respondent is to pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.