Minister for Immigration & Multicultural Affairs v N 1038 [2000] FCA 1095

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v N 1038 [2000] FCA 1095 CITIZENSHIP AND MIGRATION – protection visa – application for order of review of Refugee Review Tribunal ("RRT") decision affirming decision of delegate of Minister refusing grant – appeal from decision of single judge setting aside RRT decision – whether RRT observed procedures required to be observed in connection with the making of the decision – whether RRT failed to comply with section 430 (1) of the Migration Act 1958 (Cth) – where after hearing RRT monitored developments in applicants' country of nationality – whether findings by RRT based on the monitoring of developments – where RRT reasons do not refer to any evidence or other material obtained in the monitoring of developments – whether validity of decision of Minister pursuant to section 65(1)(a)(ii) of the Migration Act 1958 (Cth) depends upon compliance by RRT with section 430(1)

Migration Act 1958 (Cth) ss 65, 415, 417, 430, 476

Minister for Immigration and Multicultural Affairs v Singh [2000] FCA 845 applied MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v N 1038 & ORS N 1038 OF 1999 SPENDER, MADGWICK & EMMETT JJ 9 AUGUST 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1038 OF 1999

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

APPELLANT

AND: N 1038

FIRST RESPONDENT

N 1038(A)

SECOND RESPONDENT

N 1038(B)

THIRD RESPONDENT

N 1038(C)

FOURTH RESPONDENT JUDGES: SPENDER, MADGWICK & EMMETT JJ

DATE OF ORDER: 9 AUGUST 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondents' costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.