Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
W401 v Minister for Immigration & Multicultural Affairs [2001] FCA 1738
MIGRATION - judicial review - Refugee Review Tribunal - refugee sur place - failed asylum seeker from Afghanistan - whether upon return from Australia faces real chance of persecution by reason of failed claim - error of law by Tribunal in failure to properly consider whether there is a real chance of persecution - notorious change in circumstances in Afghanistan since decision of Tribunal - whether discretion of the Court ought to be exercised not to make an order setting aside the Tribunal decision - parties allowed time for further submissions Migration Act 1958 (Cth) s 476 W124 v Minister for Immigration and Multicultural Affairs [2001] FCA 1387 W401 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W401 OF 2001 FRENCH J 6 DECEMBER 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W401 OF 2001
BETWEEN: W401
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 6 DECEMBER 2001
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The hearing of the application is further adjourned to 14 January 2002 at 2.15pm to enable the parties to prepare submissions to the Court on whether or not the Court should exercise its discretion to decline to make any order setting aside the Refugee Review Tribunal's decision. 2. There be liberty to apply. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W401 OF 2001
BETWEEN: W401
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: FRENCH J
DATE: 6 DECEMBER 2001
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