Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Applicant VFAP of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1532
MIGRATION – judicial review – appeal from Federal Magistrates Court – claimed fear of persecution based on Convention ground – whether Refugee Review Tribunal considered claim – whether claim clearly articulated SDAV v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 199 ALR 43, applied
Dranichnikov v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 197 ALR 389, considered
Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 184, considered
APPLICANT VFAP OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V482 of 2003 MARSHALL J MELBOURNE 19 DECEMBER 2003
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V482 OF 2003
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT
BETWEEN: APPLICANT VFAP OF 2002
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 19 DECEMBER 2003
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The order of the Federal Magistrates Court of 10 June 2003 be set aside.
3. The decision of the Refugee Review Tribunal ("the Tribunal") dated 13 June 2002 be set aside.
4. The matter be remitted to the Tribunal for reconsideration of the appellant's application for review of the decision of the respondent's delegate according to law.
5. The respondent pay the appellant's costs of the appeal and of the application before the Federal Magistrates Court.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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