Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
"Y" v Minister for Immigration & Multicultural Affairs [2000] FCA 703 "Y" v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS VG 367 OF 1998 NORTH J 29 MAY 2000 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 367 OF 1998
BETWEEN: "Y"
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: NORTH J
DATE OF ORDER: 29 MAY 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal is set aside. 2. The application is referred to the Refugee Review Tribunal for determination. 3. The Minister is to pay the applicant's costs of and incidental to this application.
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 VG 367 OF 1998
BETWEEN: "Y"
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: NORTH J
DATE: 29 MAY 2000
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 This is an application by a young male Kenyan, referred to as "Y", for review of the decision of the Refugee Review Tribunal (the Tribunal) made on 17 July 1998 to affirm the decision of a delegate of the Minister for Immigration and Multicultural Affairs, the respondent, to refuse the applicant a protection visa. The applicant came to Australia with his friend "X". The circumstances relevant to his application are the same as the circumstances relevant to the application brought by "X" challenging the refusal of a grant of a protection visa to him. Both cases were heard by the Court at the same time and the same arguments were raised in respect of both "X" and "Y". For the reasons set out in the judgment relating to "X" handed down together with this judgment, the decision of the Tribunal relating to "Y" should be set aside, the application referred to the Tribunal for determination, and the respondent is to pay the applicant's costs of and incidental to this application. I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice North.
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