W228 v Minister for Immigration & Multicultural Affairs [2001] FCA 860

FEDERAL COURT OF AUSTRALIA

W228 v Minister for Immigration & Multicultural Affairs [2001] FCA 860

MIGRATION – refugees – Iraq nationals – living and working in Syria – travel to Australia – no well founded fear of persecution in Syria – refugee sur place – safe third country – whether applicant can be returned to Syria – whether risk of refoulement from Syria to Iraq – whether Tribunal erred in determining availability of effective protection by way of return to Syria – third safe country – effective protection principles – procedural requirement for disclosure of adverse information – whether breached. Migration Act 1958 (Cth) s 424A(1), s 36(1) Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 cited Rajendran v Minister for Immigration and Multicultural Affairs (1998) 166 ALR 619 cited SZ v Minister for Immigration and Multicultural Affairs (2000) 173 ALR 353 cited Al-Zafiry v Minister for Immigration & Multicultural Affairs [1999] FCA 443 cited Minister for Immigration and Multicultural Affairs v Al-Sallal (1999) 94 FCR 549 cited Patto v Minister for Immigration & Multicultural Affairs [2000] FCA 1554 cited Applicant C v Minister for Immigration & Multicultural Affairs [2001] FCA 229 followed S115/00A v Minister for Immigration & Multicultural Affairs [2001] FCA 540 followed Bitani v Minister for Immigration & Multicultural Affairs [2001] FCA 631 followed Kola v Minister for Immigration & Multicultural Affairs [2001] FCA 630 cited W228 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W228 of 2001 FRENCH J 5 JULY 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W228 OF 2000

BETWEEN: "W228"

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT