Kola v Minister for Immigration & Multicultural Affairs [2001] FCA 630

FEDERAL COURT OF AUSTRALIA

Kola v Minister for Immigration & Multicultural Affairs [2001] FCA 630

MIGRATION - refugees - application for a protection visa - applicants nationals of former Federal Republic of Yugoslavia - applicants ethnic Albanians - applicants previously accorded refugee status in Albania - refoulement to a third country - whether the expression "right to enter and reside" in a third country in s 36(3) of the Migration Act 1958 (Cth) means a legally enforceable right - whether s 36(2) continues to operate as previously interpreted notwithstanding the introduction of s 36(3) - (5) of the Act so that the availability of effective protection in a third country means that Australia has no protection obligations to the visa applicant under s 36(2). MIGRATION - whether failure to comply with s 420(2)(b) gives rise to the ground of review available under s 476(1)(b). MIGRATION - whether general country information is information specific to the applicants within s 424A(3)(a). MIGRATION - whether the decision of the Refugee Review Tribunal was induced or affected by actual bias in breach of s 476(1)(f) of the Migration Act 1958 ( Cth). Migration Act 1958 (Cth) Border Protection Legislation Amendment Act 1999 (Cth) Minister for Immigration and Multicultural Affairs v Thiyagarajah (1998) 80 FCR 543 Applied Rajendran v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 562 Applied Minister for Immigration and Multicultural Affairs v Gnanapiragasam (1998) 88 FCR 1 Referred to Al-Rahal v Minister for Immigration and Multicultural Affairs [2000] FCA 1005 Referred to Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Applied Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 Referred to Naing v Minister for Immigration and Multicultural Affairs [2000] FCA 344 Referred to Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Applied Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Applied Applicant C v Minister for Immigration and Multicultural Affairs [2001] FCA 229 Applied S115/OOA v Minister for Immigration and Multicultural Affairs [2001] FCA 540 Applied Al-Zafiry v Minister for Immigration and Multicultural Affairs [1999] FCA 443 Applied Al-Zafiry v Minister for Immigration and Multicultural Affairs [1999] FCA 1472; 58 ALD 663 Referred to Minister for Immigration and Multicultural Affairs v Kabail (1999) 93 FCR 498 Referred to Minister for Immigration and Multicultural Affairs v Al-Sallal (1999) 94 FCR 549 Referred to Sun Zhan Qui v Minister for Immigration and Multicultural Affairs (1997) 81 FCR 71 Applied ERGI ANTON KOLA AND VALBONA KOLA v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS MANSFIELD J ADELAIDE 30 MAY 2001