N989/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 434

FEDERAL COURT OF AUSTRALIA

N989/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 434 MIGRATION – refugee – refusal of protection visa – application for review of Refugee Review Tribunal decision – applicant claimed to be courier for Palestine Liberation Organisation and subjected to regular interrogation by Syrian intelligence – whether Tribunal erred by failing to take into account relevant matters when assessing whether applicant faced real risk of persecution if returned to Syria – whether Tribunal incorrectly interpreted relevant law or applied the law incorrectly to the relevant facts Migration Act 1958 (Cth) ss 5, 36(2), 65, 414, 476 W375/01A v Minister for Immigration and Multicultural Affairs [2002] FCA 379 cited Abebe v Commonwealth (1999) 197 CLR 510 applied Karanakaran v Secretary of State for the Home Department [2000] 3 All ER 449 cited Minister for Immigration and Multicultural Affairs v Guo (1997) 191 CLR 559 applied Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 applied Kalala v Minister for Immigration and Multicultural Affairs [2001] FCA 1594 applied N989/01A v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N989 OF 2001

LEE J

11 APRIL 2002

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY N 989 OF 2001

BETWEEN: N989/01A

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: LEE J

DATE OF ORDER: 11 APRIL 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The decision of the Refugee Review Tribunal be set aside and the matter remitted to the Tribunal for redetermination. 2. The respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.