Yulianti v Minister for Immigration & Multicultural Affairs [2001] FCA 142

FEDERAL COURT OF AUSTRALIA

Yulianti v Minister for Immigration & Multicultural Affairs [2001] FCA 142 MIGRATION – review of decision of Refugee Review Tribunal ("Tribunal") – consent orders – jurisdiction to remit the matter to the Tribunal under s 481(1)(b) of the Migration Act 1958 (Cth) (the "Act")– whether there was a reviewable error under s 476(1)(g) of the Act

Migration Act 1958 (Cth) s 476(1)(g), s 476(4)(b), s 481(1)(b) Federal Court Rules O 35 r 10

Minister for Immigration and Multicultural Affairs v Thiyagarajah (2000) 199 CLR 343 applied Sanchez v Minister for Immigration & Multicultural Affairs [1999] FCA 265 followed Kovalev v Minister for Immigration and Multicultural Affairs (2000) 100 FCR 323 considered Kapagama v Minister for Immigration & Multicultural Affairs [1999] FCA 1881 not followed Fleet v District Court of NSW [1999] NSWCA 363 at [59] referred to Takli v Minister for Immigration & Multicultural Affairs [2000] FCA 1186 referred to Indatissa v Minister for Immigration & Multicultural Affairs [2000] FCA 1119 at [33] followed Curragh Queensland Mining Limited v Daniel (1992) 34 FCR 212 at 220-221 followed Minister for Immigration & Multicultural Affairs v Rajamanikkam [2000] FCA 1023 referred to YULIANTI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1136 of 2000 STONE J 26 FEBRUARY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1136 OF 2001

BETWEEN: YULIANTI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 26 FEBRUARY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the decision of the Refugee Review Tribunal dated 20 September 2000 be set aside; 2. the matter be remitted to the Refugee Review Tribunal differently constituted for further consideration; 3. the Respondent pay the reasonable costs of the Applicant.