Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WACH v Minister for Immigration & Multicultural Affairs [2002] FCAFC 338 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 as to credibility of appellant's claims of harassment by Syrian authorities – where appellant will face criminal penalty upon return to Syria – where no reviewable error of law found by primary Judge – 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.
Minister for Immigration and Multicultural Affairs v WABQ [2002] FCAFC 329 referred to
WACH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 542 OF 2001 HILL, MOORE AND TAMBERLIN JJ SYDNEY (HEARD IN PERTH) 8 NOVEMBER 2002
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 542 OF 2001
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: WACH
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: HILL, MOORE AND TAMBERLIN JJ
DATE OF ORDER: 8 NOVEMBER 2002
WHERE MADE: SYDNEY (HEARD IN 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 W 542 OF 2001
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: WACH
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: HILL, MOORE AND TAMBERLIN JJ
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