Kalala v Minister for Immigration & Multicultural Affairs (1999) FCA 1595

FEDERAL COURT OF AUSTRALIA

Kalala v Minister For Immigration & Multicultural Affairs [1999] FCA 1595

MIGRATION – judicial review – application for a Protection Visa – whether Refugee Review Tribunal made findings on matters that were material to whether the applicant had a well founded fear of persecution Migration Act 1958 (Cth) ss 430(1) and 476(1)(a) Migration Regulations Cl 866.221

Borsa v Minister for Immigration and Multicultural Affairs [1999] FCA 348 – cited Addo v Minister for Immigration and Multicultural Affairs [1999] FCA 940 – considered Paramananthan v Minister for Immigration and Multicultural Affairs (1996) 160 ALR 24 – applied Emiantor v Minister for Immigration and Multicultural Affairs (1997) 48 ALD 635 – cited Abebe v Commonwealth of Australia (1999) 162 ALR 1 – cited Visvanathan v Minister for Immigration and Multicultural Affairs [1999] FCA 1508 – cited Brew v Repatriation Commission [1999] FCA 1246 – considered Thevendram v Minister for Immigration and Multicultural Affairs [1999] FCA 182 – applied Geng v Minister for Immigration and Multicultural Affairs [1999] FCA 951 – cited Minister for Immigration and Multicultural Affairs v Epeabaka (1998) 84 FCR 411 – cited

KALALA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 302 of 1999 JUDGE: MERKEL J DATE: 19 NOVEMBER 1999 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 302 OF 1999

BETWEEN: MUTSHIMANS KALALA

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent JUDGE: MERKEL J

DATE OF ORDER: 19 NOVEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal made on 18 May 1999 be set aside. 2. The matter be remitted to a differently constituted Refugee Review Tribunal to be determined in accordance with law. 3. The respondent pay the applicant's costs which are fixed at $500.