Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gebeyehu v Minister for Immigration & Multicultural Affairs
[1999] FCA 1274 MIGRATION – refugees – decision by Refugee Review Tribunal refusing applicant a protection visa – RRT made findings adverse to applicant's credit – whether RRT failed to "give the applicant an opportunity to appear before it to give evidence" – Migration Act s 425(1)(a) – whether RRT required by Migration Act s 426 to call witness – whether RRT failed to set out reasons for decision as required by Migration Act s 430.
Migration Act 1958 (Cth) ss 425, 426, 430, 476(1)(a), 476(1)(e)
Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 referred to Minister for Immigration and Multicultural Affairs v Cho (1999) 164 ALR 339 at 346-7 and 355-6 applied Q v Minister for Immigration and Multicultural Affairs [1999] FCA 1202 referred to Sook Rye Son v Minister for Immigration and Multicultural Affairs (1999) 161 ALR 612 at 625 referred to Thiagarajah Kandiah v Minister for Immigration and Multicultural Affairs [1998] FCA 1145 at 12-14 applied Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 160 ALR 24 at 27 referred to Singh v Minister for Immigration and Multicultural Affairs [1999] FCA 1126 at par 33 referred to
DANIEL MOLLA GEBEYEHU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 28 of 1999 WEINBERG J 14 SEPTEMBER MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 28 OF 1999
BETWEEN: DANIEL MOLLA GEBEYEHU
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: WEINBERG J
DATE OF ORDER: 14 SEPTEMBER 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal given on 23 December 1998 be set aside. 2. The matter be remitted to the Refugee Review Tribunal, differently constituted, to be dealt with according to law. 3. The respondent pay the costs of this application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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