Minister for Immigration & Multicultural & Indigenous Affairs v W306/01A [2003] FCAFC 208

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v W306/01A

[2003] FCAFC 208

MIGRATION – judicial review – protection visa – Refugee Review Tribunal – confusion about applicant's case – alleged misunderstanding of applicant's evidence – whether inadequacies in reasoning amounted to failure to perform statutory function – whether failure to exercise jurisdiction – logical error not equivalent to failure to exercise function – whether failure to take into account relevant factors – no error of jurisdiction or law – appeal allowed.

Migration Act 1958 (Cth) s 36(2), s 415(1), s 476(1)

Migration Legislation (Judicial Review) Act 2001 (Cth)

Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245 cited

WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184 cited

Minister for Immigration and Multicultural Affairs v Al-Miahi [2001] FCA 744; (2001) 65 ALD 141 cited

VGAO v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 68 referred to

Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred to

Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 referred to

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v W306/01A

W253 OF 2002

FRENCH, HILL and MARSHALL JJ

27 AUGUST 2003

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W253 OF 2002

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

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

APPELLANT

AND: W306/01A

RESPONDENT

JUDGES: FRENCH, HILL and MARSHALL JJ

DATE OF ORDER: 27 AUGUST 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal is allowed. 2. The decision of the learned primary judge given on 6 August 2002 is set aside. 3. The application before the learned primary judge is dismissed. 4. The respondent is to pay the appellant's costs of the appeal and of the application before the learned primary judge.