Minister for Immigration & Multicultural Affairs v Applicant Z [2001] FCA 1447

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v "Applicant Z" [2001] FCA 1447

MIGRATION – appeal from decision remitting matter to Refugee Review Tribunal – Tribunal found applicant did not have a well-founded fear of persecution on any Convention ground – whether Applicant Z could have a well-founded fear of persecution based on his leaving Iraq, remaining abroad for a significant period and applying for refugee status in Australia – Tribunal found that illegal departure and prolonged absence from Iraq could result in persecution on return to Iraq – removal from Australia would place Applicant Z directly in the hands of Iraqi authorities – whether Tribunal committed jurisdictional error or error of law – whether Tribunal addressed all matters necessary for its decision to be a real exercise of its jurisdiction

Migration Act 1958 (Cth) ss 476(1)(b), 476(1)(e)

Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 considered

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v "APPLICANT Z"

W 123 of 2001 HILL, O'LOUGHLIN & CARR JJ 16 OCTOBER 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 123 OF 2001

BETWEEN: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

Applicant

AND: "APPLICANT Z"

Respondent

JUDGE: HILL, O'LOUGHLIN & CARR JJ

DATE OF ORDER: 16 OCTOBER 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The order of the learned primary Judge that the matter be remitted to the Tribunal for reconsideration according to law be varied by adding the following sentence: "In the event that there is a dispute over the constitution of the Tribunal that is to determine the matter, the parties have liberty to apply on that issue." 3. The appellant pay the costs of the respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.