W375/01A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 89; [2002] FCA 379

W375/01A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 89 W375/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 379

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation. * All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series. * All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

W375/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 379

MIGRATION – protection visa – credibility of appellant – several accounts of events – difficulties with translation – refusal to hear "evidence" – failure to exercise jurisdiction Migration Act 1958 (Cth) ss 13, 14, 189, 196, 415, 476 Board of Education v Rice [1911] AC 179 - applied Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 – referred to Guo v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 151 - referred to Local Government Board v Arlidge [1915] AC 120 - applied Minister for Immigration & Multicultural Affairs v Bhardwaj [2002] HCA 11 - applied Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 – referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 - discussed Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 - applied R v Secretary of State for the Home Department, Ex parte Bugdaycay [1987] AC 514 - discussed Refugee Tribunal, re; Ex parte Aala (2000) 204 CLR 82 - applied The Queen v Marsham [1892] 1 QB 371 - applied Toronto Newspaper Guild v Globe Printing Co [1953] 3 DLR 561 - applied W68/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 148 – referred to Goodwin-Gill The Refugee in International Law 2nd ed. 1996 Hathaway The Law of Refugee Status 1991 United Nations High Commissioner for Refugees Handbook on Procedures and Criteria for Determining Refugee Status Jan 1992 ed. Geneva 1979 Wade and Forsyth Administrative Law 7th ed. 1994