WAFA of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 248

FEDERAL COURT OF AUSTRALIA

WAFA of 2002 v Minister for Immigration & Multicultural

& Indigenous Affairs [2002] FCAFC 248

MIGRATION – no error disclosed – appeal dismissed Migration Act 1958 (Cth) s 424A(3) Migration Legislation Amendment (Judicial Review) Act (Cth) 2001 WAFA OF 2002 -v- MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W59 OF 2002 MARSHALL, WEINBERG AND JACOBSON JJ 20 AUGUST 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W59 OF 2002

ON APPEAL FROM A SINGLE JUDGE

OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WAFA OF 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: MARSHALL, WEINBERG and JACOBSON JJ

DATE OF ORDER: 20 AUGUST 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.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W59 OF 2002

ON APPEAL FROM A SINGLE JUDGE

OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WAFA OF 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: MARSHALL, WEINBERG and JACOBSON JJ

DATE: 20 AUGUST 2002

PLACE: PERTH

REASONS FOR JUDGMENT

THE COURT 1 This is an appeal from a judgment of R D Nicholson J in which his Honour dismissed the appellant's application to review a decision of the Refugee Review Tribunal ("the RRT"). The RRT decided that the appellant was not entitled to a protection visa by reference to the Convention Relating to the Status of Refugees 1951 as amended by the Protocol Relating to the Status of Refugees 1967 ("the Convention"). 2 The application before R D Nicholson J was filed in June 2001. It was dealt with in accordance with the provisions of the Migration Act 1958 (Cth) ("the Act") which applied prior to amendments to the Act which took effect on 2 October 2001; see Migration Legislation Amendment (Judicial Review) Act (Cth) 2001 ("the 2001 Act"). It follows that this appeal does not raise for consideration the effect of the "privative clause" provisions inserted by the 2001 Act.