Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WAFH v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 429
MIGRATION – refugee – whether Refugee Review Tribunal made a jurisdictional error – applicant claimed to have well-founded fear of persecution on political grounds in Iran from State tolerated organisations including Hezbollah – whether Tribunal failed to consider this claim. Migration Act 1958 (Cth) s 474 Judiciary Act 1903 (Cth) s 39B NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 cited R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 cited Minister for Immigration & Multicultural Affairs v Khawar (2002) 187 ALR 574, [2002] HCA 14 referred to Abebe v Commonwealth (1999) 197 CLR 510 referred to Omar v Minister for Immigration & Multicultural Affairs [2000] FCA 1430 referred to Hamid v Minister for Immigration & Multicultural Affairs [2001] FCA 26 referred to W68/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 148 referred to WAFH v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W 83 OF 2002 LEE, HILL & TAMBERLIN JJ 20 DECEMBER 2002 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 83 OF 2002
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: WAFH
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: LEE, HILL & TAMBERLIN JJ
DATE OF ORDER: 20 DECEMBER 2002
WHERE MADE: 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 83 OF 2002
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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