WACO v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1047

FEDERAL COURT OF AUSTRALIA

WACO v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1047 MIGRATION – refugee – protection visa application – Refugee Review Tribunal – Iranian national – alleged fear of persecution for anti-government activities in Iran – claims disbelieved by Tribunal – grounds of review – bad faith – breach of essential precondition – failing to take into account relevant considerations – operation of privative clause – no bad faith case – breach of s 424A precluded from review by privative clause – failure to take into account relevant consideration precluded – application dismissed. Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth)

NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 cited R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 cited Craig v South Australia (1995) 184 CLR 163 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 cited WACO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W557 OF 2002 FRENCH J 21 AUGUST 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W557 OF 2002

BETWEEN: WACO

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 21 AUGUST 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.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W557 OF 2002

BETWEEN: WACO

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT