Diatlov v Minister for Immigration & Multicultural Affairs [1999] FCA 1046

FEDERAL COURT OF AUSTRALIA

Diatlov v Minister for Immigration & Multicultural Affairs [1999] FCA 1046 MIGRATION – Refugee Review Tribunal rejects claim that applicant has a well-founded fear of persecution in Estonia by reason of political opinion – whether Tribunal required to make further inquiries – significance of applicant's loss of right to permanent residence

Migration Act 1958 (Cth), ss 36(2), 65(1), 420(2)(b), 430(1)(c), 476(1)(a), 476(1)(e) Migration Regulations 1994 (Cth), Sch 2, reg 866.221 Federal Court Rules, O 80, rr 4, 5

Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577, followed Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402, cited Sellamuthu v Minister for Immigration and Multicultural Affairs [1999] FCA 247, cited Prasad v Minister for Immigration and Multicultural Affairs (1985) 6 FCR 155, cited Luu v Renevier (1989) 91 ALR 39, cited RRT Reference N97/16130 (December 1997), referred to RRT Reference N97/16131 (November 1997), referred to

ANDREI DIATLOV v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 424 OF 1999 JUDGE: SACKVILLE J PLACE: SYDNEY DATE: 3 AUGUST 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 424 OF 1999

BETWEEN: ANDREI DIATLOV

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: SACKVILLE J

DATE OF ORDER: 3 AUGUST 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The proceedings be listed for further directions at 9.30 am on 19 August 1999. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 424 OF 1999

BETWEEN: ANDREI DIATLOV

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS