Guden v Minister for Immigration & Multicultural Affairs [2000] FCA 236

FEDERAL COURT OF AUSTRALIA

Guden v Minister for Immigration & Multicultural Affairs [2000] FCA 236 IMMIGRATION – review of Refugee Review Tribunal decision – whether failure to observe procedures required by the Migration Act 1958 (Cth) – whether the decision of the Tribunal was based on the existence of a particular fact and that fact did not exist. Migration Act 1958 (Cth): s 476(1)(g), s 476(4)(b) Curragh Queensland Mining Limited v Daniel (1992) 34 FCR 212 cited Chen v Minister for Immigration and Multicultural Affairs [1999] FCA 34 cited MEHMET SERIF GUDEN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 413 of 1999 LEE, GOLDBERG & KENNY JJ MELBOURNE 8 MARCH 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 413 of 1999

ON APPEAL FROM A SINGLE JUDGE OF THE

FEDERAL COURT OF AUSTRALIA

BETWEEN: MEHMET SERIF GUDEN

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGES: LEE, GOLDBERG & KENNY JJ

DATE OF ORDER: 8 MARCH 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The order of Sundberg J made on 5 July 1999 be set aside and in lieu thereof it be ordered that the decision of the Tribunal on 25 February 1998 be set aside and that the appellant's application for a protection visa be remitted to the Tribunal differently constituted for determination according to law. 3. There be no order as to the costs of the proceeding before Sundberg J. 4. The respondent pay the appellant's costs of the appeal fixed at $750 plus disbursements. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 413 of 1999

ON APPEAL FROM A SINGLE JUDGE OF THE