WAGJ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 277

FEDERAL COURT OF AUSTRALIA

WAGJ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 277

MIGRATION – protection visa – appeal from dismissal of application for review under Pt 8 Migration Act 1958 (Cth) – whether Refugee Review Tribunal had committed an error of law or exceeded its jurisdiction in failing to consider whether to make enquiries pursuant to s 427(1)(d) of the Act – whether Tribunal required to consider whether it should make such enquiries necessary to establish whether the appellant had refrained from disclosing the nature and extent of association with the Mujahadeen on the basis of legal advice Migration Act 1958 (Cth) s 427(1)(d) Gomez v Minister for Immigration and Multicultural Affairs [2001] FCA 935 at [26] not followed Azzi v Minister for Immigration and Multicultural Affairs [2002] FCA 24 at [113] not followed Craig v South Australia (1995) 184 CLR 163 applied Yusuf v Minister for Immigration and Multicultural Affairs (2001) 180 ALR 1 applied Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 at [86] applied Minister for Immigration and Multicultural Affairs v Rajamanikkam [2002] HCA 32 at [26] applied WAGJ OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W124 OF 2002 HEEREY, R D NICHOLSON AND MANSFIELD JJ 29 AUGUST 2002 MELBOURNE (HEARD IN PERTH)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W124 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WAGJ OF 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: HEEREY, R D NICHOLSON AND MANSFIELD JJ

DATE OF ORDER: 29 AUGUST 2002

WHERE MADE: MELBOURNE (HEARD IN PERTH)

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