WABY v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1091

FEDERAL COURT OF AUSTRALIA

WABY v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1091 MIGRATION – Appeal from Federal Magistrates Court – appellant is a citizen of Iran –Refugee Review Tribunal affirmed decision of delegate to refuse application for protection visa – application for review by Federal Magistrates Court dismissed – appellant not furnished with particulars in writing of information the Refugee Review Tribunal had regard to – information not specifically about the appellant – general country information – purpose of information given by the appellant in relation to his application for a protection visa – consideration of obligation on Refugee Review Tribunal to give particulars of its reasoning process – whether Refugee Review Tribunal breached requirements of procedural fairness – whether Federal Magistrate erred in not finding that the Refugee Review Tribunal breached the requirements of s 424A of the Migration Act 1958 (Cth) Migration Act 1958 (Cth) s 36, 424A Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 distinguished

WABY v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W 118 of 2002 TAMBERLIN J SYDNEY (HEARD IN PERTH) 6 SEPTEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W118 OF 2002

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: WABY

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 6 SEPTEMBER 2002

WHERE MADE: SYDNEY (HEARD IN PERTH)

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.