Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wang v Minister for Immigration & Multicultural Affairs [2001] FCA 448
MIGRATION – Order of Full Court remitting matter to the Refugee Review Tribunal – whether the Court has power to order that the matter be remitted to the Tribunal as originally constituted – whether matter should be remitted to the Tribunal as originally constituted WANG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 490 of 2000 JUDGES: WILCOX, GRAY and MERKEL JJ DATE: 3 APRIL 2001 PLACE: SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALESDISTRICT REGISTRY N 490 OF 2000
BETWEEN: JI DONG WANG
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT JUDGES: WILCOX, GRAY AND MERKEL JJ
DATE OF ORDER: 3 APRIL 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The matter be remitted to the Refugee Review Tribunal as previously constituted for the appellant's application for review. 2. The respondent pay the appellant's taxed costs of the application to the Full Court concerning the constitution of the Refugee Review Tribunal. 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 490 of 2000
BETWEEN: JI DONG WANG
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: WILCOX, GRAY AND MERKEL JJ
DATE: 3 APRIL 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
WILCOX J: 1 I agree with the orders proposed by Merkel J. 2 Counsel for the Minister concedes that, when it made its previous orders, this Court had power to order that the matter be remitted to the Refugee Review Tribunal constituted by the particular member who had heard the application. The Court did not make such a direction at that time. The reason was that it was not known whether that member was available to deal with the matter within a reasonable time. The exercise of power was reserved. 3 We are now asked to exercise the power. Clearly the power is still available. There appears to be no difficulty about the original member hearing the remitted matter. That being so, and for the additional reasons set out in the original reasons for judgment of all three members of the Court, I think the Court should now make an order to that effect. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox.
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