Weldt v Minister for Immigration & Multicultural Affairs [2001] FCA 835

FEDERAL COURT OF AUSTRALIA

Weldt v Minister for Immigration and Multicultural Affairs

[2001] FCA 835

MIGRATION – review of Refugee Review Tribunal – application for prerogative relief – remitted from High Court – limit of jurisdiction in remitted application – error of law – alleged failure to make findings – alleged misconstruction of Refugee Convention Migration Act 1958 (Cth) ss 430, 476, 485 Judiciary Act 1903 (Cth) s 44 A v Pelekanakis (1999) 91 FCR 70 – not followed Abebe v Commonwealth of Australia (1999) 197 CLR 510 - applied Al-Miahi, in the matter of an application for Writs of Certiorari, Prohibition and Mandamus and an Injunction against Ruddock[2001] FCA 128 – referred to Anthonypillai v Minister for Immigration and Multicultural Affairs [2000] FCA 1368 - cited Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 – referred to Arumugam v Minister for Immigration and Multicultural Affairs [1999] FCA 251 - cited Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274 - cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 - discussed Re Minister for Immigration and Multicultural Affairs; Ex parte PT [2001] HCA 20 – referred to Thambythurai v Minister for Immigration and Multicultural Affairs [1997] FCA 997 – referred to ERROL MARCELLINO WELDT, CORAZON BERNARDO MAPUE and EDDISON CARLOS WELDT v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 825 of 2000 JUDGE: FINKELSTEIN J DATE: 3 JULY 2001 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 825 of 2000

BETWEEN: ERROL MARCELLINO WELDT, CORAZON BERNARDO MAPUE and EDDISON CARLOS WELDT

Prosecutors

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent