WAKS v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 32

FEDERAL COURT OF AUSTRALIA

WAKS v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 32 MIGRATION – appeal – Tribunal not in error in failing to consider whether appellant a member of particular social group of informants to police on drug matters – ground that Tribunal failed to consider position of rogue state agents not necessary to consider and, in any event, unable to be made out Abebe v Commonwealth (1999) 197 CLR 510 Applicant S v Minister for Immigration and Multicultural Affairs (2004) 206 ALR 242 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Horvath v Secretary of State for the Home Department [2001] 1 AC 489 Morato v Minister for Immigration, Local Government and Ethnic Affairs (1992) 39 FCR 401 NADH of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 214 ALR 264 Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 Svazas v Secretary of State for the Home Department [2002] 1 WLR 1891 SZEYH v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 93 WAKS (BY HIS TUTOR, PAUL CHARMAN) v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL WAD 34 of 2005 NICHOLSON, LANDER and SIOPIS JJ 17 MARCH 2006 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 34 OF 2005

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

BETWEEN: WAKS (BY HS TUTOR, PAUL CHARMAN)

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGES: NICHOLSON, LANDER and SIOPIS JJ

DATE OF ORDER: 17 MARCH 2006

WHERE MADE: PERTH