W352 v Minister for Immigration & Multicultural Affairs [2002] FCA 398

FEDERAL COURT OF AUSTRALIA

W352 v Minister for Immigration & Multicultural Affairs [2002] FCA 398

MIGRATION - judicial review - Refugee Review Tribunal - well-founded fear of persecution - cumulative incidents of persecution alleged - whether considered by Tribunal cumulatively - whether error of law - jurisdictional error - failure to take into account relevant considerations - failure to observe procedures - inviting comment from applicant on matters of information - alleged disregard of request to take evidence from witnesses - alleged failure to set out findings - application dismissed. Migration Act 1958 (Cth) s 424A, s 426, s 430(1), s 476

Khan v Minister for Immigration & Multicultural Affairs [2000] FCA 1478 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 Craig v State of South Australia (1995) 184 CLR 163 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Paul v Minister for Immigration and Multicultural Affairs (2001) 64 ALD 289 X v Minister for Immigration & Multicultural Affairs [2002] FCA 56 Tin v Minister for Immigration & Multicultural Affairs [2000] FCA 1109 W352 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W352 OF 2001 FRENCH J 5 APRIL 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W352 OF 2001

BETWEEN: W352

APPLICANT

AND: MINISTER FOR IMMIGATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 5 APRIL 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The applicant pay the respondent's costs of the application.

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