Ismail v Minister for Immigration & Multicultural Affairs [2000] FCA 194

FEDERAL COURT OF AUSTRALIA Ismail v Minister for Immigration & Multicultural Affairs [2000] FCA 194 MIGRATION – protection visa - application for review of a decision of the Refugee Review Tribunal ("the Tribunal") – whether the Tribunal observed procedures required by the Migration Act 1958 (Cth) to be observed in connection with the making of a decision – whether reasons of the Tribunal contained a contradiction or inconsistency – whether s 430 of the Migration Act 1958 (Cth) sets out a procedure which the Act requires to be observed in relation to the making of a decision – if failure to comply with s 430 whether appropriate to direct Tribunal to give adequate reasons - whether the Tribunal erred in law in concluding that the applicant could reasonably be expected to relocate to Colombo Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 430, 476, 480 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 Xu v Minister for Immigration and Multicultural Affairs [1999] FCA 1741. Yusuf v Minister for Immigration and Multicultural Affairs [1999] FCA 1681 MOHAMED ZACKY MOHAMED ISMAIL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1285 OF 1999 EMMETT J 23 FEBRUARY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1285 OF 1999

BETWEEN: MOHAMED ZACKY MOHAMED ISMAIL

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT JUDGE: EMMETT J

DATE OF ORDER: 23 FEBRUARY 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant 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 1285 OF 1999