Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Xie v Minister for Immigration & Multicultural Affairs [1999] FCA 1480 MIGRATION - Review of decision of Refugee Review Tribunal ("RRT") to refuse a protection visa - what rights, if any, does an applicant have to an oral hearing where non-favourable decision made by the RRT on the papers - whether the RRT can impose any preconditions to the exercise of the entitlement to be heard.
Migration Act 1958 (Cth) ss 423, 424, 425, 426, 427, 428, 429, 441 and 476(1)(a)
Rajiv Singh Budiyal v The Minister for Immigration and Multicultural Affairs [1998] FCA 243 Cited
XIE, JONG SHEN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
NO N386 OF 1999 COOPER J BRISBANE (HEARD IN SYDNEY) 28 OCTOBER 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N386 OF 1999
BETWEEN: XIE, JONG SHEN
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: COOPER J
DATE OF ORDER: 28 OCTOBER 1999
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The decision of the Refugee Review Tribunal of 31 March 1999 be set aside. 2. The matter be remitted to the Refugee Review Tribunal for reconsideration in accordance with these reasons and with law. 3. Notice of the time and place of the hearing of the applicant's application by the Refugee Review Tribunal be given in writing sent to the applicant's residential address as well as to his address for service as notified to the Refugee Review Tribunal. 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 N386 OF 1999
BETWEEN: XIE, JONG SHEN
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: COOPER J
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