WAEI v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 334

FEDERAL COURT OF AUSTRALIA

WAEI v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 334 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 appellant – RRT not satisfied that appellant had experienced treatment amounting to persecution for a Convention reason – application of Article 1(D) of the Refugee Convention – whether expression "ipso facto" in Article 1(D) confers an entitlement on appellant to a protection visa Migration Act 1958 (Cth) Minister for Immigration and Multicultural Affairs v WABQ [2002] FCAFC 329 referred to WAEI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W 30 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 30 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WAEI

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS 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 30 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WAEI

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: HILL, MOORE AND TAMBERLIN JJ

DATE: 8 NOVEMBER 2002

PLACE: SYDNEY (HEARD IN PERTH)