WAGO of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 437

FEDERAL COURT OF AUSTRALIA

WAGO of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 437

MIGRATION – appeal – jurisdictional error – refusal of application for protection (class XA) visa – failure to refer to political claims in initial interview – independent claim of political authorship – Tribunal acceptance such authorship would be determinative – corroborative witness – ignoring by Tribunal of evidence concerning witness – error of law established Migration Act 1958 (Cth) ss 5, 36(2), 476, 476(1)(b) and (c). Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 followed Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 followed APPELLANT WAGO OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W130 of 2002 LEE, CARR and RD NICHOLSON JJ 20 DECEMBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W130 of 2002

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

BETWEEN: APPELLANT WAGO OF 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: LEE, CARR and RD NICHOLSON JJ

DATE OF ORDER: 20 DECEMBER 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the Refugee Review Tribunal made on 5 July 2000 be set aside. 3. The application for review be remitted to the Tribunal for re-determination. 4. The respondent pay the appellant's costs of the appeal. 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 W130 of 2002

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

BETWEEN: APPELLANT WAGO OF 2002