Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rahman v Minister for Immigration & Multicultural Affairs
[2001] FCA 368
MIGRATION – meaning of "decision" in s 476(1)(g) Migration Act 1985 (Cth) – relationship between s 476(1)(g) and s 476(4) – whether decision regarding objective basis for fear of persecution affected by error of law within the meaning of s 476(1)(e) WORDS AND PHRASES – "error of law", "decision" Migration Act 1958 (Cth) ss 36(2), 430(1), 476(1)(e), 476(1)(g), 476(2), 476(4) Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(2)(g), 6(2)(g)
Chan v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 referred to Mohammed v Minister for Immigration & Multicultural Affairs [2000] FCA 264 applied Minister for Immigration & Multicultural Affairs v Li Yue [2000] FCA 856 applied Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 cited Minister for Immigration & Multicultural Affairs v Indatissa [2001] FCA 181 applied Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred to Minister for Immigration & Multicultural Affairs v Anthonypillai [2001] FCA 274 referred to
MD MAZIBAR RAHMAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N 1076 OF 2000
GYLES J
SYDNEY
3 APRIL 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1076 OF 2000
BETWEEN: MD MAZIBAR RAHMAN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: GYLES J
DATE OF ORDER: 3 APRIL 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant to pay the costs of the respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1076 OF 2000
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