Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WAED v Minister for Immigration and Multicultural Affairs [2002] FCAFC 333 MIGRATION – Appeal from single Judge dismissing an application for review of decision of Refugee Review Tribunal ("RRT") – RRT affirmed decision of delegate not to grant protection visa to applicant – application of Article 1(D) of Refugee Convention – whether expression "ipso facto" in Article 1(D) confers an entitlement on the appellant to a protection visa
Migration Act 1958 (Cth) WAEI v Minister for Immigration and Multicultural Affairs [2002] FCAFC 334 referred to Minister for Immigration and Multicultural Affairs v WABQ [2002] FCAFC 329 referred to WAED v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 23 of 2002 HILL, MOORE AND TAMBERLIN JJ SYDNEY (HEARD IN PERTH) 8 NOVEMBER 2002
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 23 OF 2002
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: WAED
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: HILL, MOORE AND TAMBERLIN JJ
DATE OF ORDER: 8 NOVEMBER 2002
WHERE MADE: SYDNEY (HEARD IN PERTH)
THE COURT ORDERS THAT: 1. The appeal is 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 W 23 OF 2002
BETWEEN: WAED
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: HILL, MOORE AND TAMBERLIN JJ
DATE: 8 NOVEMBER 2002
PLACE: SYDNEY (HEARD IN PERTH)
REASONS FOR JUDGMENT
HILL J: 1 I have read the judgment of Tamberlin J and for the reasons which I have given in Minister for Immigration and Multicultural Affairs v WABQ [2002] FCAFC 329, I am of the view that protection obligations do not automatically arise under the second paragraph for Article 1(D) of the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 as amended by the Protocol Relating to the Status of Refugees done at New York on 31 January 1967 ("the Convention"). Thus, as the appellant does not fall within the definition of "refugee" in article 1A(2) of the Convention, the appeal must be dismissed with costs. I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Hill.
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