Applicant N 403 of 2000 v Minister for Immigration & Multicultural Affairs [2000] FCA 1088

FEDERAL COURT OF AUSTRALIA

Applicant N 403 of 2000 v Minister for Immigration & Multicultural Affairs [2000] FCA 1088

MIGRATION - refugees - application for a protection visa - applicant a citizen of Algeria - purported fear or persecution based on either draft evasion or conscientious objection to military service resulting in imputed anti government sentiment - failure of Refugee Review Tribunal to consider issue raised by applicant - constructive failure to exercise jurisdiction - issue of causation where applicant refuses compulsory military service considered

Migration Act 1958 (Cth) ss 430, 476(1)(e) Abebe v Minister for Immigration and Multicultural Affairs (1999) 162 ALR 1 cited Minister for Immigration and Multicultural Affairs v Singh [2000] FCA 845 cited Chen v Minister for Immigration and Multicultural Affairs (2000) 170 ALR 553 applied Minister for Immigration and Multicultural Affairs v Y (unreported, FCA, 15 May 1998) referred to V v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 355 referred to Islam v Secretary of State for the Home Department [1999] 2 AC 629 cited

APPLICANT N 403 of 2000 v

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 403 OF 2000

HILL J 23 AUGUST 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 403 OF 2000

BETWEEN: APPLICANT N 403 of 2000

APPLICANT

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 23 AUGUST 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be allowed. 2. The matter be remitted to the Refugee Review Tribunal, differently constituted, to be heard in accordance with law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.