Applicant RV v Minister for Immigration and Multicultural Affairs [2001] FCA 1034

FEDERAL COURT OF AUSTRALIA

Applicant RV v Minister for Immigration and Multicultural Affairs

[2001] FCA 1034 MIGRATION – review of decision of Refugee Review Tribunal – failure to observe procedures – jurisdictional error – requirement in s 430(1)(d) to refer to evidence on which findings of fact based not a "procedure" within meaning of s 476(1)(a) – error of law.

Migration Act 1958 (Cth), Pt 8, ss 430(1)(c), (d), 476(1)(a), (b), (c), (e) Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 at 388, 430 referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 at 4-5, 20, 21-22 applied Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 not followed Zyfi v Minister for Immigration and Multicultural Affairs [2001] FCA 978 at [9] referred to Ahmed v Minister for Immigration and Multicultural Affairs [1999] FCA 811 referred to Addo v Minister for Immigration and Multicultural Affairs [1999] FCA 940 referred to Sivaram v Minister for Immigration and Multicultural Affairs (1999) 94 FCR 379 referred to Xu v Minister for Immigration and Multicultural Affairs (1999) 95 FCR 425 referred to Re Minister for Immigration and Multicultural Affairs; ex parte Durairajasingham (2000) 168 ALR 407 referred to Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 84 FCR 411 applied Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 referred to Gamaethige v Minister for Immigration and Multicultural Affairs [2001] FCA 565 referred to APPLICANT RV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V796 of 2000 WEINBERG J 3 AUGUST 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V796 OF 2000