WAFP v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 319

FEDERAL COURT OF AUSTRALIA

WAFP v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 319 MIGRATION – appeal from a decision of a Federal Magistrate affirming decision of Refugee Review Tribunal refusing appellant a protection visa – where the Tribunal made adverse findings regarding the appellant's credibility and substance of his claim without considering the appellant's initial interview with an adviser and an interpreter – whether jurisdictional error. Administrative Decisions (Judicial Review) Act 1977 (Cth) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 48A, 483A Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited WAFP v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W 145 OF 2003 LEE, CARR AND TAMBERLIN JJ PERTH 24 DECEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 145 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: WAFP

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: LEE, CARR AND TAMBERLIN JJ

DATE OF ORDER: 24 DECEMBER 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The appeal be allowed.

2. The orders of the Federal Magistrates Court made 10 June 2003 be set aside and in lieu thereof it be ordered that:

'1. The application for orders in the nature of prerogative relief be granted.

2. The decision of the Refugee Review Tribunal made 1 March 2002 be set aside and the matter remitted to the Tribunal for determination according to law.

3. The respondent pay the applicant's costs.'

3. The respondent pay the appellant's costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.