Velitchko v Minister for Immigration & Multicultural Affairs [2000] FCA 12

FEDERAL COURT OF AUSTRALIA

Velitchko v Minister for Immigration & Multicultural Affairs [2000] FCA 12 MIGRATION – constitution of Refugee Review Tribunal – original member of Tribunal resigns after hearing but before deciding on application – application re-allocated to another member who listened to tape of first hearing and decided matter – whether power of re-allocation had been delegated to the member who effected the re-allocation – construction of sections of Migration Act 1958 (Cth) providing for constitution of Tribunal – whether s 460 of Act imposed a procedural requirement for purposes of s 476(1)(a) of Act.

Migration Act 1958 (Cth) ss 421, 422, 460, 467, 470

Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577, applied Ferati v Minister for Immigration and Multicultural Affairs (Heerey J, 23 December 1998, unreported), cited Chopra v Minister for Immigration and Multicultural Affairs (Lockhart J, 5 December 1997, unreported), cited

VASSILI VELITCHKO & ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 605 OF 1999 LINDGREN J 12 JANUARY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 605 OF 1999

BETWEEN: VASSILI VELITCHKO

First Applicant

TATIANA VELITCHKO

Second Applicant

NADEJDA VELITCHKO

Third Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: LINDGREN J

DATE OF ORDER: 12 JANUARY 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants pay the respondent's costs. 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 N 605 OF 1999