Choi v Minister for Immigration & Multicultural Affairs [1999] FCA 1278

FEDERAL COURT OF AUSTRALIA

Choi v Minister for Immigration & Multicultural Affairs [1999] FCA 1278 MIGRATION - review of decision of Refugee Review Tribunal to refuse a protection visa - whether the Tribunal failed to consider a material question of fact. Migration Act 1958 (Cth) s 430(1)(c) and (d) Thevendram v The Minister [1999] FCA 182 at 34 cited Kandiah v The Minister (Finn J, 3 September 1998, unreported) cited Logenthiran v The Minister (Wilcox, Lindgren & Merkel JJ, 21 December 1998, unreported) cited

PUN CHOI, IM FAN CHOI, KA WA CHOI, IAN WA CHOI AND IWA CHOI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

VG 694 OF 1999

NORTH J

8 SEPTEMBER 1999

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 694 OF 1999

BETWEEN: PUN CHOI

First Applicant

IM FAN CHOI

Second Applicant

KA WA CHOI

Third Applicant

IAN WA CHOI

Fourth Applicant

IWA CHOI

Fifth Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: NORTH

DATE OF ORDER: 8 SEPTEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The decision of the Tribunal made in respect of Pun Choi is set aside, but is otherwise affirmed. The matter is referred to the Tribunal, insofar as it affects Pun Choi, for further consideration. 2. The respondent pay the applicant's costs of the application and of the hearing on 7 September 1999, but that each side pay their own costs of the hearing on 8 September 1999.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 694 OF 1999

BETWEEN: PUN CHOI