Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
W229 v Minister for Immigration & Multicultural Affairs [2002] FCA 476
MIGRATION - judicial review - Refugee Review Tribunal - new claims before Tribunal - Tribunal finding new claims fabricated - applicant contends previous non-disclosure based on legal advice - applicant's explanation rejected by Tribunal - whether Tribunal obliged to make inquiry of applicant's lawyer - assessment of persecutory conduct - finding of possible discrimination in relation to employment - whether sufficiently serious to amount to persecution - evaluative assessment open to Tribunal - no error of law disclosed.
Migration Act 1958 (Cth)
Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 cited
Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 cited
Minister for Immigration and Multicultural Affairs v Haji Ibrahim (2000) 204 CLR 1 cited
Minister for Immigration and Multicultural Affairs v Khawar [2002] HCA 12 cited
W229 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W229 OF 2001 FRENCH J 16 APRIL 2002 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRLIA DISTRICT REGISTRY W229 OF 2001
BETWEEN: W229
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: FRENCH
DATE OF ORDER: 16 APRIL 2002
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant to 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.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRLIA DISTRICT REGISTRY W229 OF 2001
BETWEEN: W229
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: FRENCH
DATE: 16 APRIL 2002
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