Odhiambo v Minister for Immigration & Multicultural Affairs [2002] FCAFC 194

FEDERAL COURT OF AUSTRALIA

Odhiambo v Minister for Immigration & Multicultural Affairs [2002] FCAFC 194 IMMIGRATION – refugee claims by two unaccompanied minors – Effect of legislation appointing Minister as guardian of unaccompanied minors – Legal assistance and advice provided to appellants in connection with claims for protection visas – No active representation of minors at Refugee Review Tribunal hearings – Whether Tribunal erred in proceeding to hear and determine application for review – Use by Tribunal of linguistic analyses – Risk of refoulement – Statelessness.

Migration Act 1958 ss 420, 424A, 425, 425A, 476 Immigration (Guardianship of Children) Act 1946 ss 4, 4AAA, 4, 5, 7 X v Minister for Immigration and Multicultural Affairs 92 FCR 524 discussed Haines v Leves (1987) 8 NSWLR 442 referred to Re adoption of S (1976) 28 FLR 427 referred to Re Application of K (1995) 36 NSWLR 477 referred to Bennett v Minister of Community Welfare (1992) 176 CLR 408 referred to ACCC v World Netsafe [2002] FCA 526 referred to Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547 referred to Bugdaycay v Secretary of State [1987] AC 514 referred to Nguyen Tuan Cuong v Director of Immigration [1997] 1 WLR 68 referred to Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 referred to SIMON ODHIAMBO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W373 of 2001 PETER MARTIZI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W378 of 2001 BLACK CJ, WILCOX and MOORE JJ 20 JUNE 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W373 of 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SIMON ODHIAMBO

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS