WADA v Minister for Immigration & Multicultural Affairs [2002] FCAFC 202

FEDERAL COURT OF AUSTRALIA

WADA v Minister for Immigration & Multicultural Affairs [2002] FCAFC 202

MIGRATION - protection visa - whether Tribunal wrongly characterised applicant's case and thereby failed to consider his case based on political opinion – witness not present at hearing due to administrative oversight – Tribunal invited applicant to rely on written statement of witness – no statement supplied – whether Tribunal obliged to hear evidence of witness not present at hearing due to administrative oversight – whether Tribunal correctly applied "real chance" test – whether Tribunal entitled to rely on old sources of information – status of UNHCR Handbook

Migration Act 1958 (Cth) ss 5(1), 36, 426(2), 426(3), 476(1)(e), 476(1)(g) W375/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 379, [2002] FCAFC 89distinguished WACW v Minister for Immigration & Multicultural Affairs [2002] FCAFC 155 at [17] followed Office of the United Nations High Commissioner for Refugees Handbook on Procedures and Criteria for Determining Refugee Status 1992 APPELLANT WADA OF 2001 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 574 of 2001 GRAY, RD NICHOLSON AND EMMETT JJ 25 JUNE 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 574 of 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: APPELLANT WADA OF 2001

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: GRAY, RD NICHOLSON AND EMMETT JJ

DATE OF ORDER: 25 JUNE 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.