Al-Amidi v Minister for Immigration & Multicultural Affairs [2000] FCA 1081

FEDERAL COURT OF AUSTRALIA

Al-Amidi v Minister for Immigration & Multicultural Affairs [2000] FCA 1081 MIGRATION – refugees – application for protection visa – error of law – scope of "internal protection principle" or "relocation principle" discussed – whether the Refugee Review Tribunal erred in its understanding and application of the law – whether findings of fact not made on material issues. Migration Act 1958 (Cth) ss 476, 476(1)(a), 476(1)(e), 476(1)(g) Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Minister for Immigration and Multicultural Affairs v Thiyagarajah (1998) 80 FCR 543 referred to Tharmalingham v Minister for Immigration and Multicultural Affairs [1999] FCA 1180 referred to Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 applied Minister for Immigration and Multicultural Affairs v Sameh [2000] FCA 578 considered

J Hathaway, The Law of Refugee Status 1991 YAGOUB YOUSIF MOUSA AL-AMIDI V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W11 of 2000 LEE J 4 AUGUST 2000 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W11 OF 2000

BETWEEN: YAGOUB YOUSIF MOUSA AL-AMIDI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: LEE J

DATE OF ORDER: 4 AUGUST 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application for review be allowed. 2. The decision of the Refugee Review Tribunal be set aside. 3. The matter be remitted to the Tribunal for determination according to law. 4. The respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.