W306/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 969

FEDERAL COURT OF AUSTRALIA

W306/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 969 MIGRATION – refugee – refusal of protection visa – application for review of Refugee Review Tribunal decision – Iranian national claimed to have exposed government corruption in his workplace by passing information to university students – whether Tribunal misunderstood applicant's claims – whether Tribunal erred by taking into account irrelevant considerations or failing to consider relevant material – whether Tribunal erred in finding applicant's account fabricated Migration Act 1958 (Cth) ss 5, 36(2), 13, 14, 65, 189, 196, 430, 476(1)(b), (c) and (e) Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 applied W360/01A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 211 cited W68/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 148 referred to W306/01A v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W306 OF 2001 LEE J 6 AUGUST 2002 MELBOURNE (HEARD IN PERTH)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W306 OF 2001

BETWEEN: W306/01A

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: LEE J

DATE OF ORDER: 6 AUGUST 2002

WHERE MADE: MELBOURNE (HEARD IN PERTH)

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal made 30 June 2001 be set aside and the matter remitted to the Tribunal for redetermination. 2. The respondent pay the applicant's costs. 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 W306 OF 2001

BETWEEN: W306/01A

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS