Tchoylak v Minister for Immigration & Multicultural Affairs [2001] FCA 872

FEDERAL COURT OF AUSTRALIA

Tchoylak v Minister for Immigration & Multicultural Affairs [2001] FCA 872

IMMIGRATION – Administrative Appeals Tribunal – application for protection visa – finding by Tribunal that applicant involved in "crimes against humanity" – finding by Tribunal that applicant had committed "serious non-political crimes" – finding by Tribunal that applicant excluded from coverage of Refugees Convention by Article 1F – applicant mistakenly removed from Australia by Department before appeal heard and determined – whether appeal now moot.

Migration Act 1958 (Cth) ss 33(2)(b)(i), 36(2), 42(1), 42(2A)(e)(ii), 198

Mayne Nickless Ltd v Transport Workers' Union of Australia (unreported, Full Court of Federal Court, 16 July 1998) referred to Hope Downs Management Services Pty Ltd v Hamersley Iron Pty Ltd [1999] FCA 1652 referred to Kopiev v Minister for Immigration and Multicultural Affairs [2000] FCA 1831 referred to

KARIM TCHOYLAK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

W 137 of 1999

HILL, CARR and WEINBERG JJ 10 JULY 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W137 OF 1999

BETWEEN: KARIM TCHOYLAK

APPLICANT

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: HILL, CARR and WEINBERG JJ

DATE OF ORDER: 10 JULY 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The respondent pay the applicant's costs of and incidental to the appeal, such costs to be taxed forthwith if not agreed, and paid on an indemnity basis. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W137 OF 1999

BETWEEN: KARIM TCHOYLAK

APPLICANT