Soboleva v Minister for Immigration & Multicultural Affairs [2001] FCA 528

FEDERAL COURT OF AUSTRALIA

Soboleva v Minister for Immigration & Multicultural Affairs [2001] FCA 528

migration law – application for review of decision of Refugee Review Tribunal – applicants allege Tribunal's findings inconsistent with findings in earlier decisions – whether Tribunal bound to follow earlier decisions – whether Tribunal bound to address alleged inconsistency in its reasons for decision – when a party refers to and relies on findings in a previous decision. Migration Act 1958 (Cth) ss 430 & 476 Ibrahim v Minister for Immigration & Multicultural Affairs [2000] FCA 351 Minister for Immigration and Multicultural Affairs v Singh (2000)98 FCR 469 Sellamuthu v Minister for Immigration & Multicultural Affairs (1999) 90 FCR 287 cited Witharana v Minister for Immigration & Multicultural Affairs (Unreported, Federal Court, Wilcox J, 21 December 1998) cited SOBOLEVA & ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1205 of 2000 MOORE J 8 MAY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1205 OF 2000

BETWEEN: TATIANA SOBOLEVA

FIRST APPLICANT

SERGUEI SOBOLEV

SECOND APPLICANT

VADIM SOBOLEV

THIRD APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 8 MAY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The 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 1205 OF 2000

BETWEEN: TATIANA SOBOLEVA

FIRST APPLICANT

SERGUEI SOBOLEV

SECOND APPLICANT

VADIM SOBOLEV

THIRD APPLICANT