Haddara v Minister for Immigration & Multicultural Affairs [1999] FCA 1319

FEDERAL COURT OF AUSTRALIA

Haddara v Minister for Immigration and Multicultural Affairs [1999] FCA 1319 MIGRATION – application for judicial review of decision of Refugee Review Tribunal affirming decision not to grant applicant a protection visa – whether procedures required to be observed were observed – notification of entitlement to hearing – whether actual notification required – whether actual notification given WORDS AND PHRASES – "notify the applicant that he or she is entitled to appear" Migration Act 1958 (Cth) ss 425, 426, 476(1)(a), 504 Migration Regulations 1994 (Cth) reg 4.41 and reg 5.03 Uddin v Minister for Immigration and Multicultural Affairs [1999] FCA 1041 followed Sook v Minister for Immigration and Multicultural Affairs [1999] 86 FCR 584 discussed Wang v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 386 cited Susiatin v Minister for Immigration and Multicultural Affairs (1998) 83 FCR 574 cited Singh v Minister for Immigration and Multicultural Affairs [1999] FCA 613 cited Li v Minister for Immigration and Multicultural Affairs [1999] FCA 1147 cited

MOHAMAD MUSTAPHA HADDARA v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 345 OF 1999

LEHANE J

22 SEPTEMBER 1999

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 345 OF 1999

BETWEEN: MOHAMAD MUSTAPHA HADDARA

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: LEHANE J

DATE OF ORDER: 22 SEPTEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal made on 22 March 1999 be set aside. 2. The matter be remitted to the Tribunal (differently constituted) for determination according to law. 3. The respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.