Schwallie v Minister for Immigration & Multicultural Affairs [2001] FCA 417

FEDERAL COURT OF AUSTRALIA

Schwallie v Minister for Immigration and Multicultural Affairs [2001] FCA 417 MIGRATION – application for protection visas – Section 424A of the Migration Act 1958 (Cth) – requirement on Tribunal to give certain material to the applicant – failure by Tribunal to extend written invitation to applicant – whether Tribunal's failure justifies intervention by the Court – application granted and mater remitted back to the Tribunal – whether futile to remit matter to Refugee Review Tribunal Migration Act 1958 (Cth) ss 424A, 441A(2)(a), 441A(3)(b), 476(1)(a) Mr A v Minister for Immigration and Multicultural Affairs [1999] FCA 1086 referred to Lek v Minister for Immigration Local Government and Ethnic Affairs (1993) 43 FCR 100 followed Rahim v Minister for Immigration and Ethnic Affairs (1997) 78 FCR 223 followed ERROL CHRISTOPHER SCHWALLIE, JEAN VERONICA SCHWALLIE AND NICOLA JEAN SCHWALLIE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NO S 112 OF 2000 O'LOUGHLIN J ADELAIDE 11 APRIL 2001

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 112 OF 2000

BETWEEN: ERROL CHRISTOPHER SCHWALLIE

FIRST APPLICANT

JEAN VERONICA SCHWALLIE

SECOND APPLICANT

NICOLA JEAN SCHWALLIE

THIRD APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: O'LOUGHLIN J

DATE OF ORDER: 11 APRIL 2001

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application be allowed. 2. The application be remitted back to the Refugee Review Tribunal (differently constituted). 3. The respondent pay the applicants' costs which are to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.