Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural Affairs v Islam [2001] FCA 1681
MIGRATION – protection visa – review of decision of Refugee Review Tribunal ("Tribunal") – whether primary judge erred in finding Tribunal constructively failed to exercise its jurisdiction – denial of freedom of political expression as form of persecution – failure of respondent to articulate claim for persecution Rahman v Minister for Immigration & Multicultural Affairs [1999] FCA 73 referred to Win v Minister for Immigration & Multicultural Affairs [2001] FCA 132 referred to Parra v Minister for Immigration & Multicultural Affairs [2000] FCA 85 followed MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v KAZI ROBIUL ISLAM N 845 OF 2001 CARR, CONTI AND STONE JJ 20 DECEMBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 845 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
APPELLANT
AND: KAZI ROBIUL ISLAM
RESPONDENT
JUDGE: CARR, CONTI AND STONE JJ
DATE: 20 DECEMBER 2001
PLACE: SYDNEY
THE COURT ORDERS THAT: 1. the appeal be allowed; 2. the orders made by the primary judge on 4 May 2001 be set aside; 3. the decision of the Refugee Review Tribunal dated 17 August 2000 be affirmed; 4. the respondent pay the appellant's costs of the appeal and of the proceedings at first instance. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 845 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
APPELLANT
AND: KAZI ROBIUL ISLAM
RESPONDENT
JUDGE: CARR, CONTI AND STONE JJ
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