W360/01A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 211

FEDERAL COURT OF AUSTRALIA

W360/01A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 211

MIGRATION – refugee – refusal of a protection visa - appellant requested Tribunal hear evidence from a witness - whether Tribunal erred by failing to hear the witness – whether Tribunal erred by failing to consider relevant material Migration Act 1958 (Cth) ss 65, 414, 420, 424A, 425, 426 Inderjit Singh v Minister for Immigration and Multicultural Affairs [2001] FCA 73 referred to Minister for Immigration and Multicultural Affairs v Sarrazola [2001] FCA 263 referred to Re Refugee Review Tribunal; ex parte Aala (2000) 204 CLR 82 referred to Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 referred to W412/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 432 cited W396/01 v Minister for Immigration & Multicultural Affairs [2002] FCA 455 cited W360/01A v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W360 OF 2001 LEE, CARR & FINKELSTEIN JJ 10 JULY 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W360 of 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: W360/01A

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGES: LEE, CARR & FINKELSTEIN JJ

DATE OF ORDER: 10 JULY 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders made on 1 August 2001 be set aside and the following orders made in lieu thereof: "1. The decision of the Refugee Review Tribunal made 22 March 2001 be set aside and the matter remitted to the Tribunal, differently constituted, for re‑determination. 2. The respondent pay the applicant's costs". 3. The respondent pay the appellant's costs of the appeal.