W284 v Minister for Immigration & Multicultural Affairs [2001] FCA 1788

FEDERAL COURT OF AUSTRALIA

W284 v Minister for Immigration & Multicultural Affairs [2001] FCA 1788

MIGRATION - review of decision of Refugee Review Tribunal - whether failure to provide adequate standard of interpreting - whether interpretation so incompetent applicant's right to give evidence compromised - whether departure from standard of interpretation related to matter of significance - effect of amendment to s 425(1) of Migration Act 1958 (Cth) - whether any utility in grant of relief having regard to changed circumstances in Afghanistan Migration Act 1958 (Cth) s 425 Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6 Mazhar v Minister for Immigration and Multicultural Affairs [2000] FCA 1759 Xiao v Minister for Immigration and Multicultural Affairs [2000] FCA 1472

W284 and W285 v Minister for Immigration and Multicultural Affairs W284 and W285 of 2001 FRENCH J 12 DECEMBER 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W284 OF 2001

W285 OF 2001

BETWEEN: W284 and W285

APPLICANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 12 DECEMBER 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The first applicant's application be dismissed. 2. The first applicant pay the respondent's costs of the application. 3. The second applicant's application be 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. 4. There be liberty to apply.

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