Minister for Immigration and Multicultural Affairs v “Y”

[2001] FCA 859

FEDERAL COURT OF AUSTRALIA

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

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 428 OF 2000

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS APPELLANT
AND:	"Y" RESPONDENT
JUDGES:	BLACK CJ, LEE, MERKEL JJ
DATE OF ORDER:	6 JULY 2001
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.   The appeal be allowed.

2.   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.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 428 OF 2000

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS APPELLANT
AND:	"Y" RESPONDENT
JUDGES:	BLACK CJ, LEE, MERKEL JJ
DATE:	6 JULY 2001
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

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
Counsel for the Respondent:	Mr RM Niall
Solicitor for the Respondent:	Erskine Rodan and Associates
Date of Hearing:	8 November 2000
Date of Judgment:	6 July 2001