Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Multicultural Affairs v "Y" [2001] FCA 859
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. MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v "Y" V 428 OF 2000 BLACK CJ, LEE AND MERKEL JJ MELBOURNE 6 JULY 2001
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 428 OF 2000
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
APPELLANT
AND: "Y"
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 428 OF 2000
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
APPELLANT
AND: "Y"
RESPONDENT
JUDGES: BLACK CJ, LEE, MERKEL JJ
DATE: 6 JULY 2001
PLACE: MELBOURNE
REASONS FOR JUDGMENT
THE COURT: 1 This is an appeal by the appellant ("the Minister") from orders made by a judge of this Court (North J), which set aside a decision made by the Refugee Review Tribunal ("the Tribunal") that the respondent not be granted a "protection visa" and which directed that the matter be returned to the Tribunal for re-determination. 2 The relevant facts and the arguments in the appeal were indistinguishable from those set out in the reasons provided in Minister for Immigration and Multicultural Affairs v "X" [2001] FCA 858, contemporaneously with these reasons, the appeals having been heard together.
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