W280 v Minister for Immigration & Multicultural Affairs [2001] FCA 1606

FEDERAL COURT OF AUSTRALIA

W280 v Minister for Immigration & Multicultural Affairs [2001] FCA 1606 MIGRATION - refugees - protection visa - Refugee Review Tribunal - well-founded fear of persecution - real chance test - whether Tribunal applied criteria for determining well-founded fear of persecution - verbal formulae consistent with application of such test - Tribunal finding applicant credible and truthful at close of oral hearing - Tribunal rejection in written reasons of major aspects of applicant's evidence - no explanation for departure from views expressed at close of oral hearing - inference that Tribunal did not give consideration to hypotheses consistent with a well-founded of persecution - decision set aside. Migration Act 1958 (Cth) s 476 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Multicultural Affairs v Al-Miahi [2001] FCA 744 W280 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W280 OF 2001 FRENCH J 14 NOVEMBER 2001 MELBOURNE (HEARD IN PERTH)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W280 OF 2001

BETWEEN: W280

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 14 NOVEMBER 2001

WHERE MADE: MELBOURNE (HEARD IN PERTH)

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal given 22 June 2001 affirming the refusal of the grant of a protection visa to the applicant is set aside. 2. The matter is remitted to the Refugee Review Tribunal differently constituted to be determined according to law. 3. The respondent is to pay the applicant's costs of the application.

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