“Y” v Minister for Immigration and Multicultural Affairs

[2000] FCA 703

FEDERAL COURT OF AUSTRALIA

“Y” v Minister for Immigration & Multicultural Affairs [2000] FCA 703

“Y” v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

VG 367 OF 1998

NORTH J
29 MAY 2000
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VG 367 OF 1998

BETWEEN:	“Y” APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	NORTH J
DATE OF ORDER:	29 MAY 2000
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The decision of the Refugee Review Tribunal is set aside.

2.The application is referred to the Refugee Review Tribunal for determination.

3.        The Minister is to pay the applicant’s costs of and incidental to this application.

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	VG 367 OF 1998

BETWEEN:	“Y” APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	NORTH J
DATE:	29 MAY 2000
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. This is an application by a young male Kenyan, referred to as “Y”, for review of the decision of the Refugee Review Tribunal (the Tribunal) made on 17 July 1998 to affirm the decision of a delegate of the Minister for Immigration and Multicultural Affairs, the respondent, to refuse the applicant a protection visa.  The applicant came to Australia with his friend “X”.  The circumstances relevant to his application are the same as the circumstances relevant to the application brought by “X” challenging the refusal of a grant of a protection visa to him.  Both cases were heard by the Court at the same time and the same arguments were raised in respect of both “X” and “Y”.  For the reasons set out in the judgment relating to “X” handed down together with this judgment, the decision of the Tribunal relating to “Y” should be set aside, the application referred to the Tribunal for determination, and the respondent is to pay the applicant’s costs of and incidental to this application.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice North.

Associate:

Dated:            29 May 2000

Counsel for the Applicant:

Mr R M Niall

Mr P Gray

Solicitor for the Applicant:

Erskine Rodan & Associates

Counsel for the Respondent:

Mr R R Tracey QC

Mr N Green

Solicitor for the Respondent:

Australian Government Solicitor

Date of Hearing:

15 - 16 November 1999

Date of Judgment:

29 May 2000