S115/00A v The Minister for Immigration and Multicultural Affairs [2001] FCA 540

FEDERAL COURT OF AUSTRALIA

S115/00A v The Minister for Immigration and Multicultural Affairs [2001] FCA 540 MIGRATION - refugees - application for protection visa - refoulement to third country - scope of s 36(3) of the Migration Act - effective protection notwithstanding no legally enforceable right to enter and reside. PRACTICE AND PROCEDURE - whether futile to remit for reconsideration. Migration Act 1958 (Cth) ss 36(3), 476(1)(e) and (g) Applicant C v Minister for Immigration and Multicultural Affairs [2001] FCA 229 followed Minister for Immigration and Multicultural Affairs v Thiyagarajah (1998) 80 FCR 543 referred to Minister for Immigration and Multicultural Affairs v Al-Sallal [1999] FCA 1332 referred to Minister for Immigration and Multicultural Affairs v Gnanapiragasam (1998) 88 FCR 1 referred to Patto v Minister for Immigration and Multicultural Affairs [2000] FCA 1554 referred to Rahim v Minister for Immigration and Ethnic Affairs (1997) 78 FCR 223 referred to Morales v Minister for Immigration and Ethnic Affairs (1995) 60 FCR 550 referred to Nguyen v Minister for Immigration and Multicultural Affairs (1998) 88 FCR 206 referred to Carlos v Minister for Immigration and Multicultural Affairs [2001] FCA 301 referred to Santa Sabina College v Minister for Education (1985) 58 ALR 527 referred to Minister for Immigration and Multicultural Affairs v Jia [2000] HCA 17 referred to S115/00A v The Minister for Immigration and Multicultural Affairs S115 of 2000 FINN J 10 MAY 2001 CANBERRA (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S115 OF 2000

BETWEEN: S115/00A

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: FINN J

DATE OF ORDER: 10 MAY 2001