Applicant C v Minister for Immigration & Multicultural Affairs [2001] FCA 229

FEDERAL COURT OF AUSTRALIA

Applicant C v Minister for Immigration & Multicultural Affairs [2001] FCA 229

IMMIGRATION – refugees – application for protection visa – applicant Iraqi national – relative of applicant secured sponsorship for applicant from dissident Iraqi group in Syria upon payment of US$300 – applicant permitted to enter Syria for 3 months on the basis of such sponsorship – applicant left Syria after 2˝ months and entered Australia via Indonesia – Tribunal found that applicant had right to re-enter Syria – whether the expression "right" in s 36(3) of the Migration Act means an enforceable right – whether Tribunal was required by law to affirm a delegate's decision only if a particular matter was established – whether there was no evidence or other material from which the Tribunal could reasonably be satisfied that the applicant had the right to re-enter Syria – decision based on existence of a non-existent fact – no evidence or other material to justify the making of the decision – decision set aside and remitted to Tribunal.

Migration Act 1958 (Cth), ss 36(3), 476(1)(g), 476(4)(a) and (b)

Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 referred to Rajendran v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 526 referred to Minister for Immigration and Multicultural Affairs v Al-Sallal (1999) 94 FCR 549 referred to Al-Rahal v Minister for Immigration and Multicultural Affairs [2000] FCA 1005 referred to Patto v Minister for Immigration and Multicultural Affairs [2000] FCA 1554 followed Doan v Minister for Immigration, Local Government and Ethnic Affairs (unreported, Olney J, Federal Court Judgment No 222/97, 9 April 1997) distinguished Ratnayake v Minister for Immigration and Ethnic Affairs (1997) 74 FCR 542 distinguished Magyari v Minister for Immigration and Multicultural Affairs partly reported in (1997) 50 ALD 341 (O'Loughlin J, Federal Court Judgment No 417/97, 22 May 1997) distinguished Chen v Minister for Immigration and Multicultural Affairs [1999] FCA 34 distinguished Lia v Minister for Immigration and Multicultural Affairs [2001] FCA 65 distinguished APPLICANT C v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS