Minister for Immigration and Multicultural Affairs v "Y"

Federal Court of Australia|2001-07-06|Before: North J, Black J, Black CJ, Merkel JJ

Minister for Immigration and Multicultural Affairs v "Y" [2001] FCA 859

MIGRATION - application for protection visa - decision of Refugee Review Tribunal - whether reasons of Tribunal failed to comply with s 430 of the Migration Act 1958 (Cth) - whether fear of harm from sporadic outbreaks of ethnic or religious violence can constitute persecution - whether error of law by Tribunal affected decision. MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v "Y" V 428 OF 2000 BLACK CJ, LEE AND MERKEL JJ MELBOURNE 6 JULY 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT JUDGES: BLACK CJ, LEE, MERKEL JJ

THE COURT ORDERS THAT:

The appeal be allowed.
The order of the primary judge be set aside and in lieu thereof the application for review of the Tribunal's decision be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

THE COURT: 1 This is an appeal by the appellant ("the Minister") from orders made by a judge of this Court (North J), which set aside a decision made by the Refugee Review Tribunal ("the Tribunal") that the respondent not be granted a "protection visa" and which directed that the matter be returned to the Tribunal for re-determination. 2 The relevant facts and the arguments in the appeal were indistinguishable from those set out in the reasons provided in Minister for Immigration and Multicultural Affairs v "X" [2001] FCA 858, contemporaneously with these reasons, the appeals having been heard together.

3 For the reasons set out in Minister for Immigration and Multicultural Affairs v "X" the appeal must be allowed, his Honour's orders set aside and the application for review of the Tribunal's decision dismissed. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Chief Justice Black and Justices Lee and Merkel.

Associate: Dated: 6 July 2001 Counsel for the Appellant: Mr AL Cavanough QC

Solicitor for the Appellant: Australian Government Solicitor

Solicitor for the Respondent: Erskine Rodan and Associates

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