Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pojani v Minister for Immigration & Multicultural Affairs [2002] FCA 1283
MIGRATION – application for protection visas – whether Tribunal member failed to consider fear of persecution based on applicant's imputed political opinion – whether all integers of claim considered Migration Act 1958 (Cth), ss 424, 476 Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1, referred to Paul v Minister for Immigration & Multicultural Affairs (2001) 113 FCR 396, followed W396/01 v Minister for Immigration & Multicultural Affairs [2002] FCAFC 103, considered Htun v Minister for Immigration & Multicultural Affairs [2001] FCA 1802, followed Miller v Australian Industrial Relations Commission (2001) 108 FCR 192, referred to Applicant "F v Minister for Immigration & Multicultural Affairs [2001] FCA 304, referred to Abedi v Minister for Immigration & Multicultural Affairs (2001) 114 FCR 186, referred to ALBERT POJANI & ANOR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V710 of 2001 MADGWICK J 17 OCTOBER 2002 SYDNEY (HEARD IN MELBOURNE AND SYDNEY)
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY V710 of 2001
BETWEEN: ALBERT POJANI
FIRST APPLICANT
FATMIRA POJANI
SECOND APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 17 OCTOBER 2002
WHERE MADE: SYDNEY
HIS HONOUR ORDERS THAT: 1. The application is allowed. 2. The matter is to be remitted to the Refugee Review Tribunal, differently constituted, for reconsideration according to law.
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 V710 of 2001
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