Minister for Immigration & Multicultural Affairs v Reza [2001] FCA 1321

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Reza [2001] FCA 1321

IMMIGRATION – review of a decision of Refugee Review Tribunal – question as to whether applicant a national of Afghanistan – not necessarily an error to fail to refer to domestic law of alleged country of nationality to determine whether an applicant qualifies for nationality of that country. Migration Act 1958 (Cth), s 36(3) Applicant C v Minister for Immigration & Multicultural Affairs [2001] FCA 229, followed MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v MOHAMMAD REZA N936 of 2001

MADGWICK J 22 AUGUST 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N936 of 2001

BETWEEN: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

APPLICANT

AND: MOHAMMAD REZA

RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 22 AUGUST 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N936 of 2001

BETWEEN: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

APPLICANT

AND: MOHAMMAD REZA

RESPONDENT

JUDGE: MADGWICK J

DATE: 22 AUGUST 2001

PLACE: SYDNEY

REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 In this matter the applicant Minister seeks the form of judicial review available in this Court, of a favourable decision of the Refugee Review Tribunal ("the Tribunal"), given on 17 May 2001, in relation to the respondent whose application for a protection visa had been initially rejected by a delegate of the applicant Minister. The Tribunal set aside the decision of the delegate and remitted the matter for reconsideration with the direction that the respondent was a person to whom Australia had protection obligations under the 1951 Convention Relating to the Status of Refugees as amended by the 1967 Protocol Relating to the Status of Refugees ("the Convention").