W440/01A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 212

FEDERAL COURT OF AUSTRALIA

W440/01A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 212 MIGRATION – refugee – refusal of a protection visa – whether Tribunal failed to consider relevant material – whether Tribunal erred in refusing to have regard to documents corroborating applicant's claim to fear persecution if returned to Tunisia Migration Act 1958 (Cth) ss 36(2); 476(1)(b), (c), (e) Reg v Secretary of State for the Home Department, Ex parte Bugdaycay [1987] AC 514 cited W375/01A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 89 cited Bastanipour v Immigration and Naturalization Service 980 F.2d 1129 (7th Cir. 1992) cited Abebe v Commonwealth of Australia (1999) 197 CLR 510 applied Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 59 applied W396/01 v Minister for Immigration & Multicultural Affairs [2002] FCAFC 103 applied Karanakaran v Secretary of State for the Home Department [2000] 3 All ER 449 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 applied W440/01A v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 440 OF 2001 LEE, CARR & FINKELSTEIN JJ 23 JULY 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W440 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: W440/01A

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: LEE, CARR & FINKELSTEIN JJ

DATE OF ORDER: 23 JULY 2002

WHERE MADE: PERTH

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

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W440 OF 2001