Applicant Z v Minister for Immigration & Multicultural Affairs [2001] FCA 325

FEDERAL COURT OF AUSTRALIA

"Applicant Z" v Minister for Immigration & Multicultural Affairs [2001] FCA 325 MIGRATION – application for review of decision refusing protection visa – failure of tribunal to consider how applicant could either collect passport or obtain a new passport – failure of tribunal to consider whether applicant should be returned through Jordan to secure effective protection found to exist in Iraq – whether tribunal in error of law being either an incorrect application of the applicable law or an incorrect application of the law to the facts – whether tribunal failed to observe procedures Migration Act 1958 (Cth) s 476

Minister for Immigration & Multicultural Affairs v Sameh [2000] FCA 578 at p 15, par 43, applied Al Mansour v Minister for Immigration & Multicultural Affairs [2001] FCA 58 at pp 9-10, par 28, applied Minister for Immigration & Multicultural Affairs v "C" [2000] FCA 845, referred to Minister for Immigration & Multicultural Affairs v Singh (2000) 98 FCR 469, referred to "APPLICANT Z" v THE MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 109 of 2000 RD NICHOLSON J 30 MARCH 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 109 of 2000

BETWEEN: "APPLICANT Z"

APPLICANT

AND: THE MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 30 MARCH 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal dated 6 June 2000 be set aside. 2. The matter be remitted to the Tribunal for reconsideration according to law. 3. The respondent pay the applicant's costs of the application. 4. (a) The name of the applicant in this matter be kept confidential and not be disclosed other than to the parties, their legal advisers, or officers of the Department of Immigration and Multicultural Affairs and the Refugee Review Tribunal. (b) This application proceed under the name of Applicant Z v Minister for Immigration & Multicultural Affairs and the cover of the file be endorsed with the terms of this order 4. (c) No person, other than a party to these proceedings or their legal advisers, officers of the Department of Immigration and Multicultural Affairs and the Refugee Review Tribunal, be given access to any document filed in these proceedings without leave from a judge. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.