WAJB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 192

FEDERAL COURT OF AUSTRALIA

WAJB v Minister for Immigration & Multicultural & Indigenous Affairs

[2003] FCAFC 192

MIGRATION – appeal from single judge dismissing an application for review of decision of Refugee Review Tribunal – Tribunal affirmed decision of delegate not to grant protection visa to appellant – application of Article 1(D) of the Refugees Convention – whether expression "ipso facto" in Article 1(D) confers an entitlement on appellant to a protection visa – whether Tribunal fell into jurisdictional error in assessing the appellant's claims. Migration Act 1958 (Cth), s 476 Convention Relating to the Status of Refugees 1951 Art 1(D)

Minister for Immigration and Multicultural Affairs v WABQ [2002] FCAFC 329 followed WACH v Minister for Immigration and Multicultural Affairs [2002] FCAFC 338 followed WACG v Minister for Immigration and Multicultural Affairs [2002] FCAFC 332 followed WAED v Minister for Immigration and Multicultural Affairs [2002] FCAFC 333 followed WAEI v Minister for Immigration and Multicultural Affairs [2002] FCAFC 334 followed WAJB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W332 of 2002 LEE, HILL & CARR JJ 21 AUGUST 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W332 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WAJB

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: LEE, HILL & CARR JJ

DATE OF ORDER: 21 AUGUST 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 W332 OF 2002