W412/01A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 99; [2002] FCA 432

W412/01A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 99 W412/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 432

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

W412/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 432

MIGRATION - Decision of the Refugee Review Tribunal refusing protection visa - decision of primary judge affirming decision of Tribunal - whether Tribunal decision involved jurisdictional error - where Tribunal failed to consider evidence corroborative of the claims made - where Tribunal misconstrued the nature and content of Court documents - where Tribunal failed to consider whether appellant had a well founded fear of persecution. Migration Act 1958 ( Cth) s476(1)(b), (c), (e)

Craig v South Australia (1995) 184 CLR 163 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 W412/01A v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W412 OF 2001 LEE, COOPER AND NICHOLSON JJ PERTH 17 APRIL 2002

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W412 OF 2001

BETWEEN: W412/01A

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS