Abujoudeh v Minister for Immigration & Multicultural Affairs [2001] FCA 1351

FEDERAL COURT OF AUSTRALIA

Abujoudeh v Minister for Immigration & Multicultural Affairs [2001] FCA 1351 MIGRATION - application for protection visa - review of decision of Refugee Review Tribunal - Tribunal member who conducted oral hearing retiring before decision made - Tribunal reconstituted by another member who made decision without inviting applicant to further hearing - whether procedures ordained by ss 422(2) and 425(1) of Migration Act complied with - decision based on adverse findings about plausibility of applicant's account - whether Tribunal bound to hear applicant where findings of credibility do not turn on demeanour - review of Tribunal's decision not an appeal on a question of fact.

Migration Act 1958 ss 422(2), 425(1), 428, 476(1) Minister for Immigration and Multicultural Affairs v Cho (1999) 92 FCR 315 Lui v Minister for Immigration and Multicultural Affairs [2001] FCA 49 Ahmed v Minister for Immigration and Multicultural Affairs [2001] FCA 506 Navaratne v Minister for Immigration and Multicultural Affairs [1997] FCA 713 Emiantor v Minister for Immigration and Multicultural Affairs (1997) 48 ALD 635 Re Minister for Immigration for Multicultural Affairs Ex Parte Durairajasingham (2000) 74 ALJR 405 at 417

ALI ABUJOUDEH -v- MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

V253 of 2000

RYAN J MELBOURNE 21 SEPTEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V253 of 2000

BETWEEN: ALI ABUJOUDEH

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: RYAN J

DATE OF ORDER: 21 SEPTEMBER 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The applicant pay the respondent's costs of the application, such costs to be taxed in default of agreement.