Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Multicultural Affairs v "X" [2001] FCA 858 MIGRATION – application for protection visa - decision of Refugee Review Tribunal – whether reasons of Tribunal failed to comply with s 430 of the Migration Act 1958 (Cth) –whether fear of harm from sporadic outbreaks of ethnic or religious violence can constitute persecution - whether error of law by Tribunal affected decision.
Migration Act 1958 (Cth) ss 5, 36(2), 65, 430(1), 430(1)(b), 430(1)(c), 430(1)(d), 476(1)(a), 476(1)(e)
Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 – applied Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 - considered Adan v Secretary of State for the Home Department [1999] 1 AC 293 - cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 - cited MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v "X" V 427 OF 2000 BLACK CJ, LEE AND MERKEL JJ MELBOURNE 6 JULY 2001
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 427 OF 2000
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
APPELLANT
AND: "X"
RESPONDENT JUDGES: BLACK CJ, LEE, MERKEL JJ
DATE OF ORDER: 6 JULY 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The order of the primary judge be set aside and in lieu thereof the application for review of the Tribunal's decision be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 427 OF 2000
BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
APPELLANT
AND: "X"
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate