Minister for Immigration and Multicultural Affairs v Tedella [2001] FCA 832

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Multicultural Affairs v Tedella [2001] FCA 832 MIGRATION – protection visa – appeal from decision of primary judge setting aside decision of Refugee Review Tribunal – whether failure to give proper, genuine and realistic consideration to merits of claim constitutes ground of review under Pt 8 of Migration Act 1958 (Cth) – whether Refugee Review Tribunal failed to consider application for review as required by ss 54, 65 and 414 of the Migration Act 1958 (Cth) – whether failure to observe procedures required to be observed – whether error of law.

Migration Act 1958 (Cth): ss 54, 65, 414, 476(1)(a), 476(1)(e)

Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274 applied Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 applied MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v SOLOMON KAHSAY TEDELLA V 851 of 2000 MOORE, TAMBERLIN & GOLDBERG JJ 4 JULY 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 851 of 2000

ON APPEAL FROM A SINGLE JUDGE OF THE

FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Appellant

AND: SOLOMON KAHSAY TEDELLA

Respondent

JUDGES: MOORE, TAMBERLIN & GOLDBERG JJ

DATE OF ORDER: 4 JULY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The order of the Court made on 11 October 2000 be set aside and, in lieu thereof, it be ordered that the respondent's amended application for an order of review be dismissed and that the respondent pay the appellant's costs of and incidental to those aspects of the application determined by the reasons for decision given on 11 October 2000. 3. The respondent pay the appellant's costs of and incidental to the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules