Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fofanov v Minister for Immigration & Multicultural Affairs [2001] FCA 408
MIGRATION – refugee – whether grounds of review of decision of Refugee Review Tribunal allowed by pars 476(1)(a) and (e) of Migration Act 1958 (Cth) established – whether Tribunal had failed to make finding about availability of effective protection and had erred in law by posing for itself the wrong question in relation to protection – whether Tribunal had wrongly asked itself whether protection was denied to the applicants for reason of religion, rather than simply whether effective protection was available to them Migration Act 1958 (Cth) s 476(1)(a), (e) SERGUEI FOFANOV & ORS v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 5 OF 2001
LINDGREN J 11 APRIL 2001
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 5 OF 2001
BETWEEN: SERGUEI FOFANOV
FIRST APPLICANT
NATALIA FOFANOVA
SECOND APPLICANT
VERA FOFANOVA
THIRD APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 11 APRIL 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The first and second applicants pay the respondent's costs.
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 5 OF 2001
BETWEEN: SERGUEI FOFANOV
FIRST APPLICANT
NATALIA FOFANOVA
SECOND APPLICANT
VERA FOFANOVA
THIRD APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE: 11 APRIL 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
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