WALT v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCAFC 2

FEDERAL COURT OF AUSTRALIA

WALT v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCAFC 2 MIGRATION – review of Refugee Review Tribunal decision refusing to grant appellant a protection visa – whether Tribunal asked the wrong question regarding appellant's claimed conversion to Christianity – whether Tribunal properly considered the likelihood of persecution due to perceived conversion – whether Tribunal failed to consider likelihood of persecution as a child apostate of Islam – whether Tribunal erred in failing to consider state protection available in appellant's particular village – whether Tribunal failed to address practical realities of relocation within Kenya HELD – Appeal dismissed Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) Wang v Minister for Immigration and Multicultural Affairs [2000] FCA 1599; (2000) 105 FCR 548 at 557 considered WAEW of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 260 explained Mashayekhi v Minister for Immigration and Multicultural Affairs (2000) 97 FCR 381 distinguished Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 cited Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 cited Applicant NABD of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 29 cited SDAQ v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FLR 137 cited W161/01A v Minister for Immigration and Multicultural Affairs [2002] FCA 285 cited Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 cited Minister for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 222 CLR cited Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 referred to WALT v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL WAD 49 OF 2006