Montes-Granados v Minister for Immigration & Multicultural Affairs [2000] FCA 60

FEDERAL COURT OF AUSTRALIA

Montes-Granados v Minister for Immigration & Multicultural Affairs [2000] FCA 60 PRECEDENT – whether the decision in Minister for Immigration and Multicultural Affairs v Yusuf is binding on a single judge – whether views expressed in Xu v Minister are obiter dicta not forming part of the ratio decidendi. COSTS – whether, where application is dismissed, but reasoning of the Refugee Review Tribunal was unsatisfactory, a costs order in favour of the Minister can be refused – whether resort to rights given by an international convention should not be discouraged by adverse costs order – bearing on costs of the administrative law character of the case. MIGRATION – application from Refugee Review Tribunal – whether s 430(1)(c) gives rise to a ground of appeal - whether the decision in Minister for Immigration and Multicultural Affairs v Yusuf is binding on a single judge – whether views expressed in Xu v Minister are obiter dicta not forming part of the ratio decidendi – internal refuge - whether, where application is dismissed, but reasoning of the Tribunal was unsatisfactory, a costs order in favour of the Minister can be refused – whether resort to rights given by an international convention should not be discouraged by adverse costs order – bearing on costs of the administrative law character of the case. Randhawa v Minister for Immigration (1994) 52 FCR 437 applied Abdalla v Minister for Immigration and Multicultural Affairs (1998) 51 ALD 11 referred to Regina v Secretary of State for the Home Department, Ex parte Robinson [1998] QB 929 referred to R v Immigration Appeal Tribunal; Ex parte Jonah (1985) Imm A R 7 referred to Perampalam v Minister for Immigration and Multicultural Affairs (1999) 84 FCR 274 applied Alphonsus v Minister for Immigration and Multicultural Affairs [1999] FCA 289 referred to Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300 referred to Xu v Minister for Immigration and Multicultural Affairs [1999] FCA 174 discussed Minister for Immigration and Multicultural Affairs v Yusuf [1999] FCA 1681 applied Nguyen v Nguyen (1990) 169 CLR 245 applied Qantas Airways Ltd v Cornwall (1999) 84 FCR 483 at 489 applied Byrne v Australian Airlines Limited (1994) 47 FCR 300 applied Australian Securities Commission v Marlborough Goldmines Ltd (1993) 177 CLR 485 applied Minister for Immigration and Multicultural Affairs v Prathapan (1998) 86 FCR 95 applied Austen v Ansett Transport Industries (Operations) Pty Ltd (unreported, Burchett J, 26 August 1993) applied Verna Trading Pty Ltd v New India Assurance Co Ltd [1991] 1 VR 129 applied Donald Campbell & Co v Pollak [1927] AC 732 applied Tekmat Investments Pty Ltd v Ward (1988) 81 ALR 278 referred to Sundararaj v Minister for Immigration and Multicultural Affairs [1999] FCA 76 referred to Sundararaj v Minister for Immigration and Multicultural Affairs [1999] FCA 692 applied Shelton v Repatriation Commission (1999) 85 FCR 587 referred to Ahnee v Director of Public Prosecutions [1999] 2 WLR 1305 referred to Q v Minister for Immigration & Multicultural Affairs [1999] FCA 1202 referred to Muli v Minister for Immigration and Multicultural Affairs [1999] FCA 1155 referred to WALTER MONTES-GRANADOS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 622 of 1999 BURCHETT J 4 FEBRUARY 2000 SYDNEY