Yilmaz v Minister for Immigration & Multicultural Affairs [1999] FCA 1025

FEDERAL COURT OF AUSTRALIA

Yilmaz v Minister for Immigration & Multicultural Affairs [1999] FCA 1025

MIGRATION – judicial review of decision by Refugee Review Tribunal not to grant protection visa – whether Tribunal complied with statutory requirement to provide reasons – challenge to credibility findings – challenge to Tribunal's treatment of applicant's claims – whether Tribunal affected by actual bias. PRACTICE AND PROCEDURE – whether order to suppress identity of applicant justified. Migration Act 1958 (Cth), Part 8, s 430, s 430(1), s 476(1)(a), s 476(1)(e), s 476(1)(f), s 476(1)(g), s 476(4)(b) Federal Court of Australia Act 1976, s 50 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 referred to Thevendram v Minister for Immigration and Multicultural Affairs [1999] FCA 182 considered Comcare Australia v Lees (1997) 151 ALR 647 considered Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 considered Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719 considered Kopalapillai v Minister for Immigration and Multicultural Affairs [1998] FCA 1126 considered Guden v Minister for Immigration and Multicultural Affairs [1999] FCA 908 referred to Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505 referred to

MUZAFFER YILMAZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 634 of 1998 FINN J 5 AUGUST 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 634 OF 1998

BETWEEN: MUZAFFER YILMAZ

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: FINN J

DATE OF ORDER: 5 AUGUST 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. the application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.