W275/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 773

FEDERAL COURT OF AUSTRALIA

W275/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 773 MIGRATION – protection visa – appeal from decision of Administrative Appeals Tribunal – whether Tribunal in error of law in concluding provisions of Refugees Convention do not apply to applicant – whether Tribunal in error of law in determining there are serious reasons for considering the applicant has committed a serious non-political crime outside Australia prior to his admission – whether crimes "non-political" – whether activities for political party made crimes political – whether no evidence of applicant's engagement in trafficking of drugs – whether Tribunal in error of law in not finding applicant did not commit crimes because of duress Administrative Appeals Tribunal Act 1975 (Cth) ss 35(2), 44(1) Migration Act 1958 (Cth) ss 475(1), 475(1)(c), 476, 476(1), 476(1)(g), 476(4), 485(1), 485(2), 500(1)(c) Migration Regulations 1994 Powell v Administrative Appeals Tribunal (1998) 89 FCR 1 cited Dhayakpa v Minister for Immigration & Ethnic Affairs (1995) 62 FCR 556 cited Singh v Minister for Immigration & Multicultural Affairs (2000) 102 FCR 51 referred to T v Secretary of State for Home Department [1996] AC 742 cited Minister for Immigration & Multicultural Affairs v Singh (2002) 186 ALR 393 followed W275/01A v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 275 of 2001 RD NICHOLSON J 19 JUNE 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 275 of 2001

BETWEEN: W275/01A

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 19 JUNE 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.