Showcorp Pty Ltd v Barton - [2002] FCA 1546

FEDERAL COURT OF AUSTRALIA
“N1045/00A” v Minister for Immigration & Multicultural Affairs [2001] FCA 1546
“N1045/00A” v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
N1045 OF 2000
LEE J
2 NOVEMBER 2001
PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

N1045 OF 2000

BETWEEN:

“N1045/00A”
APPLICANT

AND:

THE MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT

JUDGE:

LEE J

DATE:

2 NOVEMBER 2001

PLACE:

PERTH

CORRIGENDUM
In the Reasons for Judgment of his Honour Justice Lee delivered 2 November 2001, add the following to the end of [9]: “That reservation was withdrawn by Australia on 1 December 1967.”
Associate:
Dated: 19 April 2002
FEDERAL COURT OF AUSTRALIA
“N1045/00A” v Minister for Immigration & Multicultural Affairs [2001] FCA 1546
MIGRATION - application for protection visa - national of Iraq residing in Syria - whether Tribunal erred in law in determining whether applicant had a right to enter and reside in Syria
WORDS & PHRASES -“protection obligations”, “right to enter and reside”, “safe third country”
Migration Act 1958 (Cth), ss 36, 65, 414, 476(1)(b), (c), (e)
Border Protection Legislation Amendment Act1999 (Cth),
Refugees Convention
Refugees Protocol
Al-Rahal v Minister for Immigration and Multicultural Affairs [2001]FCA 1141 at [24]‑[57] referred to
Minister for Immigration and Multicultural Affairsv Applicant C [2001] FCA 1332 (FC) per Stone J at [64], [88]-[89] referred to and applied
Applicant C v Minister for Immigration and Multicultural Affairs [2001] FCA 229 at [21] referred to
Minister for Immigration and Multicultural Affairs v Yusuf [2001] 180 ALR 1 per McHugh, Gummow and Hayne JJ at [82]-[85] applied
“N1045/00A” v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
N1045 OF 2000
LEE J
2 NOVEMBER 2001
PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

N1045 OF 2000

BETWEEN:

“N1045/00A”
APPLICANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT

JUDGE:

LEE J

DATE OF ORDER:

2 NOVEMBER 2001

WHERE MADE:

PERTH

THE COURT ORDERS THAT:
1.The application for review of the decision of the Refugee Review Tribunal made 29 August 2000 be granted.

2.The decision of the Tribunal be set aside and the matter returned to the Tribunal for determination according to law.

3.The Respondent pay the Applicant’s costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

N1045 OF 2000

BETWEEN:

“N1045/00A”
APPLICANT

AND:

THE MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT

JUDGE:

LEE J

DATE:

2 NOVEMBER 2001

PLACE:

PERTH

REASONS FOR JUDGMENT

This is an application under s 476 of the Migration Act 1958 (Cth) (“the Act”) for review of a decision made by the Refugee Review Tribunal (“the Tribunal”) on 29 August 2000 affirming a decision of a delegate of the respondent (“the Minister”) that a protection visa not be granted to the applicant under the Act.
The applicant is a citizen of Iraq. By an unauthorized entry into Australia’s “migration zone” the applicant arrived in Australia on 20 December 1999. He was then aged…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Showcorp Pty Ltd v Barton

Details

AGLC: Showcorp Pty Ltd v Barton [2001] FCA 1546
Case: [2002] FCA 1546
Decision Date: 2 NOVEMBER 2001

CaseChat Overview and Summary

Showcorp Pty Ltd brought a case against Barton concerning a decision made by the Refugee Review Tribunal. The dispute involved the review of a decision made by the Tribunal regarding Barton's refugee status. The Federal Court of Australia heard the case, with the central issue being the legality of the Tribunal's decision.

The primary legal question the court had to address was whether the decision of the Refugee Review Tribunal was legally sound. Specifically, the court had to determine if the Tribunal followed proper legal procedures in making its decision. The court also examined whether the Tribunal appropriately considered all relevant facts and laws in reaching its conclusion.

In delivering the judgment, the court found that the decision of the Refugee Review Tribunal was flawed. The Tribunal had not adhered to the correct legal principles, and there was an inadequate consideration of the facts presented. Consequently, the court granted the application for review, setting aside the Tribunal's decision and directing that the matter be returned to the Tribunal for re-evaluation. The court also ordered Barton to pay Showcorp Pty Ltd's costs.

Orders

Orders of the court

1. The application for review of the decision of the Refugee Review Tribunal made 29 August 2000 be granted.

2. The decision of the Tribunal be set aside and the matter returned to the Tribunal for determination according to law.

3. The Respondent pay the Applicant’s costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	N1045 OF 2000

BETWEEN:	“N1045/00A” APPLICANT
AND:	THE MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	LEE J
DATE:	2 NOVEMBER 2001
PLACE:	PERTH