W396/01 v Minister for Immigration and Multicultural Affairs [2002] FCAFC 103; [2002] FCA 455

W396/01 v Minister for Immigration and Multicultural Affairs [2002] FCAFC 103 W396/01 v Minister for Immigration and Multicultural Affairs [2002] FCA 455

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

W396/01 v Minister for Immigration and Multicultural Affairs [2002] FCA 455

IMMIGRATION – Application for protection visa – Sur place claim by Iranian national – Consideration by Tribunal of most individual elements of applicant's history – Elements included applicant's military service at Iranian missile site – Failure to consider significance of ASIO interview of applicant – Failure to consider effect of interplay of circumstances accepted by Tribunal – Significance of fact that applicant did not invite Tribunal to look at case in that way. Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 followed. Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to. Sellamuthu v Minister for Immigration & Multicultural Affairs (1999) 90 FCR 287 referred to.

W396/01 V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

W396 OF 2001

BLACK CJ, WILCOX & MOORE JJ 19 APRIL 2002