Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vassilieva v Minister for Immigration & Multicultural Affairs [2001] FCA 733 migration law – application for review of decision of Refugee Review Tribunal – applicant is a Jehovah's Witness and citizen of the Russian Federation - applicant alleges 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. Migration Act 1958 (Cth) ss 430 & 476 Soboleva v Minister for Immigration and Multicultural Affairs [2001] FCA 528 Yusuf v Minister for Immigration and Multicultural Affairs [2001] HCA 30 EKATERINA VASSILIEVA, ALEXANDRE VASSILIEV & ANNA VASSILIEVA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1361 of 2000 MOORE J 15 JUNE 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1361 OF 2000
BETWEEN: EKATERINA VASSILIEVA, ALEXANDRE VASSILIEV & ANNA VASSILIEVA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 15 JUNE 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is dismissed. 2. Costs reserved 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 1361 OF 2000
BETWEEN: EKATERINA VASSILIEVA, ALEXANDRE VASSILIEV & ANNA VASSILIEVA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 15 JUNE 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 This is an application by Ekaterina Vassilieva ("the applicant") for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 20 November 2000, in which the Tribunal affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister"), refusing to grant the applicant a protection visa. The criterion for the grant of such a visa is that the applicant is a person to whom Australia has protection obligations under the Convention Relating to the Status of Refugees of 28 July 1951 as amended by the Protocol Relating to the Status of Refugees of 31 January 1967 ("the Convention").
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