Applicant M88/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 427

FEDERAL COURT OF AUSTRALIA

Applicant M88/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 427 MIGRATION – whether the Refugee Review Tribunal erred in its consideration of whether the applicant had a well founded fear of persecution – error of logic – whether the Refugee Review Tribunal failed to comply with s424A – denial of procedural fairness Migration Act 1958 (Cth), s424A Gamaethige v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 424, applied VGAO of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 68, cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 577, followed VDAU v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 363, followed VAAC v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 74, applied APPLICANT M88/2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V688 OF 2002 MARSHALL J MELBOURNE 30 APRIL 2003

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V688 OF 2002

BETWEEN: APPLICANT M88/2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 30 APRIL 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed.

2. The applicant pay the respondent's costs, including reserved costs, to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V688 OF 2002

BETWEEN: APPLICANT M88/2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS