Applicant M70/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1531

FEDERAL COURT OF AUSTRALIA

Applicant M70/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1531

MIGRATION – whether the Refugee Review Tribunal failed to take into account a relevant consideration by failing to deal with every aspect of the claims made by the applicant Judiciary Act 1903(Cth)s 39B

Re Minister for Immigration and Multicultural Affairs, Ex parte Applicant S20/2002(2003) 198 ALR 59 applied

Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 at 626 applied

NACB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 235 applied

APPLICANT M70/2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND THE REFUGEE REVIEW TRIBUNAL V 286 OF 2003 MARSHALL J 16 DECEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V286 OF 2003

BETWEEN: APPLICANT M70/2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

THE REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 16 DECEMBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applicant's amended application be dismissed.

2. The applicant pay the respondents' costs of the proceeding, including costs incurred before the High Court of Australia. 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 V286 OF 2003

BETWEEN: APPLICANT M70/2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

THE REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MARSHALL J