Minister for Immigration & Multicultural Affairs v Amani [1999] FCA 1040

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Amani [1999] FCA 1040

MIGRATION – refugees – application by Minister for review of a decision of the Refugee Review Tribunal that application for protection visa be remitted to Minister for reconsideration with direction that applicant for visa is a person to whom Australia has protection obligations under the "Refugees Convention" – whether any utility in undertaking review of that decision – effect of Tribunal's direction that a prescribed matter be remitted for reconsideration in accordance with Tribunal's directions – whether Tribunal should have considered whether effective protection was available in a third country – whether Tribunal erred in failing to make enquiries whether third country could provide effective protection for the respondent – whether Tribunal misunderstood the relevant law.

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) Pt 2 Div 3 Subdiv AI; Div 8; (ss 91A – 91G); ss 36, 65, 411, 411(1), 412, 414, 415, 415(1), 415(2), 415(3), 420, 427(1), 475(1), 476, 479 481, 485; pars 411(1)(c), 415(2)(c), 427(1)(d), 476(1)(a) Migration Regulations 1994 (Cth) reg 4.33 J Crawford, P Hyndman, "Three Heresies in the Application of the Refugee Convention", International Journal of Refugee Law 1 (1989) 155 G S Goodwin-Gill, The Refugee in International Law (2nd Ed), (Oxford: Clarendon Press, 1996) K Hailbronner, "The Concept of 'Safe Country' and Expeditious Asylum Procedures: A Western European Perspective", International Journal of Refugee Law 5, (1994) 31 J C Hathaway, The Law of Refugee Status (Toronto: Butterworths, 1991) Shorter Oxford English Dictionary (3rd Ed), (Oxford: Clarendon Press, 1973) Benson v Benson (1941) P 90 cited Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 cited Minister for Immigration and Ethnic Affairs v Singh (1997) 74 FCR 553 cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 cited Ali v Minister for Immigration and Multicultural Affairs [1998] FCA 578 cited Hussein v Minister for Immigration and Multicultural Affairs [1999] FCA 288 cited Al-Anezi v Minister for Immigration and Multicultural Affairs [1999] FCA 355 cited Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 151 ALR 685 cited MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v HAKIZIMANA AMANI W 2 OF 1999 LEE J 2 AUGUST 1999 PERTH