N1045/00A v Minister for Immigration & Multicultural Affairs [2001] FCA 1546

FEDERAL COURT OF AUSTRALIA

"N1045/00A" v Minister for Immigration & Multicultural Affairs [2001] FCA 1546 MIGRATION - application for protection visa - national of Iraq residing in Syria - whether Tribunal erred in law in determining whether applicant had a right to enter and reside in Syria WORDS & PHRASES -"protection obligations", "right to enter and reside", "safe third country" Migration Act 1958 (Cth), ss 36, 65, 414, 476(1)(b), (c), (e) Border Protection Legislation Amendment Act 1999 (Cth), Refugees Convention Refugees Protocol Al-Rahal v Minister for Immigration and Multicultural Affairs [2001]FCA 1141 at [24]‑[57] referred to Minister for Immigration and Multicultural Affairs v Applicant C [2001] FCA 1332 (FC) per Stone J at [64], [88]-[89] referred to and applied Applicant C v Minister for Immigration and Multicultural Affairs [2001] FCA 229 at [21] referred to Minister for Immigration and Multicultural Affairs v Yusuf [2001] 180 ALR 1 per McHugh, Gummow and Hayne JJ at [82]-[85] applied "N1045/00A" v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N1045 OF 2000

LEE J

2 NOVEMBER 2001

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY N1045 OF 2000

BETWEEN: "N1045/00A"

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: LEE J

DATE OF ORDER: 2 NOVEMBER 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application for review of the decision of the Refugee Review Tribunal made 29 August 2000 be granted. 2. The decision of the Tribunal be set aside and the matter returned to the Tribunal for determination according to law. 3. The Respondent pay the Applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.