Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
W284 and W285 v Minister for Immigration and Multicultural Affairs [2002] FCA 44
MIGRATION - review of decision of Refugee Review Tribunal - ground of review made out - discretion to award relief - applicant's claims based on fear of persecution by Taliban - destruction of Taliban regime - whether matter should be remitted to Tribunal - submissions by both applicant and respondent that remitter appropriate - matter remitted to Tribunal for reconsideration according to law
Migration Act 1938 (Cth)
W284 and W285 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W284 of 2001 W285 of 2001
FRENCH J 1 FEBRUARY 2002 PERTH
FEDERAL COURT OF AUSTRALIA
21 GC% 2002 LIBRARY
GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W284 OF 2001 BETWEEN: W284 APPLICANT AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT JUDGE: FRENCH J
DATE OF ORDER: 14 JANUARY 2002 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The application is dismissed.
2. The applicant is to pay the respondent's costs of the application.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W285 OF 2001 BETWEEN: W285 APPLICANT AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT JUDGE: FRENCH J
DATE OF ORDER: 14 JANUARY 2002 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The decision of the Tribunal is set aside and the matter remitted to the Tribunal to be reconsidered according to law.
2. The respondent is to pay the applicant's costs of the application.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
to
GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT W284 OF 2001 REGISTRY BETWEEN: W284 and W285 APPLICANT AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT JUDGE: FRENCH J DATE: 1 FEBRUARY 2002 PLACE: PERTH
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