W441/01A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 102; [2002] FCA 453

W441/01A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 102 W441/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 453

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

W441/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 453 MIGRATION - Decision of the Refugee Review Tribunal refusing protection visa - decision of primary judge affirming decision of Tribunal - whether Tribunal decision involved jurisdictional error - whether Tribunal limited its assessment of the risk of persecution to the likelihood of the appellant being persecuted for proselytising as an apostate if returned to Iran. MIGRATION - Refugee - application for review of Tribunal decision - lodged out of time - objection as to competency - whether there were "special reasons" justifying extension. Migration Act 1958 (Cth) ss 5, 36(2), 476(1)(b), (c) and (e) Federal Court Rules O 52 r 15

Jess v Scott (1986) 12 FCR 187 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 W441/01A v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W441 OF 2001 LEE, COOPER AND NICHOLSON JJ PERTH 17 APRIL 2002