W63 v Minister for Immigration & Multicultural Affairs [2001] FCA 890

FEDERAL COURT OF AUSTRALIA

W63 v Minister for Immigration & Multicultural Affairs [2001] FCA 890

MIGRATION – refugee – refusal of protection visa – Refugee Review Tribunal – alleged adversarial conduct of hearing by Tribunal – inquisitorial process – alleged pre-disposition of Tribunal to disbelieve Iran asylum seekers illegally in Australia – - irrelevance of national, racial or ethnic origin – irrelevance of illegal entry – approach to credibility – questionable identification of alleged inconsistencies in applicant's case – whether no evidence ground applicable - whether Tribunal properly applied real chance test – whether Tribunal had duty to inquire further before rejecting documentary evidence Migration Act 1958 (Cth) s 424, s 476 Refugee Convention Article 1A(2)

Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 cited Chand v Minister for Immigration and Ethnic Affairs (unrep, Full Court, 7/11/1997) cited Attorney-General (NSW) v Quinn (1990) 170 CLR 1 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 cited Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 cited Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719 cited Minister for Immigration and Multicultural Affairs v Al-Miahi [2001] FCA 744 cited

W63 v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W63 OF 2001 FRENCH J 11 JULY 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W63 OF 2001

BETWEEN: W63

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 11 JULY 2001