Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural Affairs v Villa [2001] FCA 1175 MIGRATION – orders by consent for the setting aside of a decision of the RRT – orders by consent for the remittal of the matter to the RRT – whether the Court has power to order that the RRT limit its reconsideration of the matter to the specific issue said to constitute an error of law – whether it is appropriate for the Court to order that the RRT limit its reconsideration of the matter to the specific issue said to constitute an error of law – whether the Court has power to order that the matter be remitted to the RRT as originally constituted – whether the matter should be remitted to the RRT as originally constituted Migration Act 1958 (Cth) s 476 Xiao v Minister for Immigration and Multicultural Affairs [2001] FCA 459 referred to Kovalev v Minister for Immigration and Multicultural Affairs [1999] FCA 557 referred to Morales v Minister for Immigration and Multicultural Affairs (1998) 82 FCR 374 distinguished Wang v Minister for Immigration and Multicultural Affairs [2001] FCA 448 applied MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v JAIRO LEON VANEGAS VILLA & ORS N 955 OF 2001 TAMBERLIN J SYDNEY 28 AUGUST 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 995 OF 2001
BETWEEN: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
APPLICANT
AND: JAIRO LEON VANEGAS VILLA
FIRST RESPONDENT
SANDRA LIDIA VERA HIGUITA
SECOND RESPONDENT
HERNAN DAIRO VANEGAS RESTREPO
THIRD RESPONDENT
JULIANA VANEGAS VERA
FOURTH RESPONDENT
JUDGE: TAMBERLIN J
DATE OF ORDER: 28 AUGUST 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: (1) The decision of the Refugee Review Tribunal be set aside but only insofar as it is necessary to enable consideration of the additional matter raised in the grounds for the order of review filed on 19 June 2001. (2) The matter be remitted to the person who made the decision for consideration of this additional question. (3) The applicant pay the costs of this proceeding concerning the terms of the remittal to the Refugee Review Tribunal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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