Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kamal v Minister for Immigration & Multicultural Affairs [2000] FCA 585
MIGRATION - application for review of a decision of the Refugee Review Tribunal – the Tribunal failed to deal with a central issue raised on the material before it. Migration Act 1958 (Cth) ss 36(2), 476(1)(e) and 481 Tharmalingam v Minister for Immigration & Multicultural Affairs (Lindgren J, 9 May 1998, unreported) followed MOHAMMED HASSEN KAMAL v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 220 of 2000 MATHEWS J 9 MAY 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 220 OF 2000
BETWEEN: MOHAMMED HASSEN KAMAL
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MATHEWS J
DATE OF ORDER: 9 MAY 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1 The decision of the Refugee Review Tribunal dated 16 February 2000 be set aside and the matter be remitted to the Tribunal, differently constituted, for determination in accordance with law. 2 The respondent pay the applicant'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 220 OF 2000
BETWEEN: MOHAMMED HASSEN KAMAL
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MATHEWS J
DATE: 9 MAY 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant ("Mr Kamal") seeks review of a decision of the Refugee Review Tribunal ("the Tribunal") made on 16 February 2000 which affirmed a decision of the respondent's delegate not to grant him a protection visa. 2 Under s 36(2) of the Migration Act 1958 (Cth) ("the Act") a criterion for the grant of a protection visa is that Mr Kamal be a non-citizen in Australia to whom Australia has protection obligations under the Refugees Convention as amended by the Refugees Protocol, (known compendiously as "the Convention"). In order for Australia to have protection obligations to Mr Kamal it must be established that he is a person who: "… owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable, or, owing to such fear, is unwilling to return to it."
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