Tedella v Minister Immigration & Multicultural Affairs [2000] FCA 1643

FEDERAL COURT OF AUSTRALIA

Tedella v Minister for Immigration & Multicultural Affairs

[2000] FCA 1643

SOLOMON KAHSAY TEDELLA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 155 OF 2000 NORTH J 11 OCTOBER 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 155 OF 2000

BETWEEN: SOLOMON KAHSAY TEDELLA

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: NORTH J

DATE OF ORDER: 11 OCTOBER 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The decision of the Tribunal made on 18 February 2000 is set aside and the application is referred to the Refugee Review Tribunal for further consideration. 2. Liberty is reserved to the parties in respect of the submissions concerning the position of Ms Abera. 3. The respondent is to pay the applicant's costs of and incidental to those aspects of the application determined by the reasons for decision given on 11 October 2000.

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 V 155 OF 2000

BETWEEN: SOLOMON KAHSAY TEDELLA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: NORTH J

DATE: 11 OCTOBER 2000

PLACE: MELBOURNE

REASONS FOR JUDGMENT

introduction 1 This is an application by Solomon Kahsay Tedella, the applicant, for a review of the decision of the Refugee Review Tribunal (the Tribunal) made on 18 February 2000 affirming the decision of the delegate of the Minister for Immigration and Multicultural Affairs, the respondent, not to grant him a protection visa. This application is to be distinguished from the separate claim brought by the applicant's wife, Ms Abera.