WAGR v Minister For Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 6

FEDERAL COURT OF AUSTRALIA

WAGR v Minister For Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 6 IMMIGRATION – appeal dismissed – refugee – Refugee Review Tribunal – Migration Act 1958 (Cth) subs 476(1) – jurisdictional error – well-founded fear of persecution – Tribunal need not speculate about possible past events where there is no uncertainty in the mind of the decision-maker – no uncertainty attributed where none apparent in reasons for decision – uncertainty may be found where facts are inherently difficult to ascertain – credibility – Tribunal based its conclusions on positive evidence – conclusions not based on speculation Migration Act 1958 (Cth) Pt 8, subs 476(1) Administrative Decisions (Judicial Review) Act 1977 (Cth) Abebe v The Commonwealth (1999) 197 CLR 510 considered Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 considered Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 considered Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 considered

WAGR v MINISTER FOR IMMIGRATION & MULTICULTURAL & INIGENOUS AFFAIRS

W137 OF 2002

WILCOX, RD NICHOLSON and DOWNES JJ 12 FEBRUARY 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W137 OF 2002

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

BETWEEN: WAGR

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: WILCOX, RD NICHOLSON AND DOWNES JJ

DATE OF ORDER: 12 FEBRUARY 2003

WHERE MADE: PERTH

THE COURT ORDERS: 1. Grant leave to amend the notice of appeal in accordance with the draft amended notice of appeal. 2. Appeal dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.