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. 3 For the reasons set out in Minister for Immigration and Multicultural Affairs v "X" the appeal must be allowed, his Honour's orders set aside and the application for review of the Tribunal's decision dismissed. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Chief Justice Black and Justices Lee and Merkel. Associate: Dated: 6 July 2001 Counsel for the Appellant: Mr AL Cavanough QC Solicitor for the Appellant: Australian Government Solicitor Counsel for the Respondent: Mr RM Niall Solicitor for the Respondent: Erskine Rodan and Associates Date of Hearing: 8 November 2000 Date of Judgment: 6 July 2001