WADK v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 48

FEDERAL COURT OF AUSTRALIA WADK v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 48 MIGRATION – refusal to grant protection visa – treatment of documentary evidence and evidence of witnesses - no obligation to set out in great detail what documentary material contained – no obligation upon Tribunal to make findings of fact concerning matters dealt with in witness testimony – no evidence that Tribunal distracted by particular 'mindset' in approach to documentary evidence and oral testimony – appeal dismissed. Migration Act 1958 (Cth) s 474, s 414, s 420(2)(b) Judiciary Act 1903 (Cth) s 39B Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 193 ALR 449 cited Craig v South Australia (1995) 184 CLR 163 cited Minister for Immigration and Multicultural and Indigenous Affairs v Yusuf (2001) 206 CLR 323 cited Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 cited WADK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W 270 OF 2002 FRENCH, HILL AND MARSHALL JJ 18 FEBRUARY 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W270 OF 2002

BETWEEN: WADK

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: FRENCH, HILL AND MARSHALL JJ

DATE OF ORDER: 18 FEBRUARY 2003

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 W270 OF 2002

BETWEEN: WADK

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS