Savic v Minister for Immigration & Multicultural Affairs [2001] FCA 1787

FEDERAL COURT OF AUSTRALIA

[2001] FCA 1787

Savic v Minister for Immigration & Multicultural Affairs Migration Act 1958 (Cth) ss 420(2)(a),(b), 476(1),(b),(c),(e),(g), 476(4)(a),(b) Administrative Decisions (Judicial Review) Act 1997 (Cth) s 5(1)(h), 5(3)(a),(b)

Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 referred to Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 applied Bank of Valetta PLC v National Crime Authority [1999] FCA 791 applied Scruples Imports Pty Ltd v Crabtree & Evelyn Pty Ltd (1983) 1 IPR 315 applied Parkasho v Singh [1968] P 233 considered Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred to Australian Broadcasting Appeal Tribunal v Bond (1990) 170 CLR 321 referred to Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 referred to Television Capricornia Pty Ltd v Australian Broadcasting Tribunal (1986) 13 FCR 511 considered Western Television Ltd v Australian Broadcasting Tribunal (1986) 12 FCR 414 considered Minister for Immigration & Multicultural Affairs v Yusuf (2000) 180 ALR 1 considered Minister for Immigration & Multicultural Affairs v Rajalingam [1999] FCA 179, (1999) FCR 220 applied Wu Shan Liang v Minister for Immigration & Ethnic Affairs (1996) 185 CLR 259 considered DUSAN SAVIC v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS S 72 of 2001 MANSFIELD J 18 DECEMBER 2001 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 72 OF 2001

BETWEEN: DUSAN SAVIC

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 18 DECEMBER 2001

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is allowed. 2. The application to the Refugee Review Tribunal is remitted to the Refugee Review Tribunal for reconsideration according to law. 3. The respondent pay to the applicant costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.