Minister for Immigration & Multicultural Affairs v Applicant C [2001] FCA 1332

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Applicant C [2001] FCA 1332 MIGRATION – protection visas – application for an order of review from decision of Refugee Review Tribunal – where the Refugee Review Tribunal found that the applicant had a right to enter and reside in Syria – meaning of "protection obligations" in s 36(2) of the Migration Act 1958 (Cth) ("the Act") – consideration of principle that Australia does not owe protection obligations to a person who has effective protection in a third country – whether s 36(3) of the Act is a codification of this principle – meaning of a "right to enter and reside" in a country – whether error of law within s 476(1)(e) of the Act ADMINISTRATIVE LAW – MIGRATION – no evidence ground of review– application of the no evidence ground of review to a decision based on non-satisfaction that certain criteria have been met – application of the no evidence ground of review to a decision of the Minister for Immigration and Multicultural Affairs (or the Refugee Review Tribunal) not to grant a visa – where the Refugee Review Tribunal had determined that the respondent had a well-founded fear of persecution in Iraq – whether the Refugee Review Tribunal was required by law to grant the respondent a protection visa unless it was established that the respondent had a right to enter and reside in Syria (for the purposes of s 476(4)(a) of the Act) – whether the finding that the respondent could obtain sponsorship to re-enter Syria was a finding of a "particular fact" for the purposes of s 476(4)(b) of the Act. MIGRATION – whether the Court has power to order that a matter be remitted to the Refugee Review Tribunal as originally constituted – circumstances in which a Court should order that a matter be remitted to the Refugee Review Tribunal as originally constituted – circumstances in which the Court has the power to order that a matter be remitted to the Refugee Review Tribunal to re-consider only some of its previous findings or to assume the existence of a certain state of affairs – circumstances in which the Court should so order WORDS & PHRASES – "protection obligations", "right to enter and reside"