WAGB v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1247

FEDERAL COURT OF AUSTRALIA

WAGB v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1247 MIGRATION – judicial review – Refugee Review Tribunal – alleged actual bias – alleged failure to have regard to medical evidence – alleged failure to consider sur place claim – no reviewable ground – application dismissed. Migration Act 1958 (Cth) s 474 Judiciary Act 1903 (Cth) s 39B

NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 cited WAGB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W105 OF 2002 FRENCH J 9 OCTOBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W105 OF 2002

BETWEEN: WAGB

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 9 OCTOBER 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application is 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 W105 OF 2002

BETWEEN: WAGB

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE: 9 OCTOBER 2002

PLACE: PERTH

REASONS FOR JUDGMENT

Introduction 1 The applicant was born on 1 June 1969 in Iran. He came to Australia by boat without lawful authority on 30 December 2000. He was taken into detention pursuant to the Migration Act 1958 (Cth) and held at the Woomera Immigration Detention Centre. For some reason, which is not apparent from the papers, he remained in custody until June 2001 without having lodged an application for a protection visa. In June 2001, he escaped from detention. However he was apprehended nine days later. He was subsequently charged with the offence of escaping from lawful immigration detention contrary to s 491(1) of the Migration Act as it then stood. The matter was dealt with by a stipendiary magistrate on 18 October 2001 at which time he was sentenced to a term of imprisonment of eight months, backdated to commence on 18 June 2001. Upon the expiry of his sentence he was returned to the detention centre. On 30 August 2001, he had lodged an application for a protection visa with the Department of Immigration & Multicultural & Indigenous Affairs. On 17 January 2002, that application was refused. On 21 January 2002, he applied to the Refugee Review Tribunal ("the Tribunal") for review of the delegate's decision. The Tribunal hearing took place on 25 March 2002 at which time the applicant was accompanied by a migration agent. 2 On 28 March 2002, the Tribunal affirmed the decision not to grant a protection visa to the applicant. On 8 April 2002, he lodged an application in this Court for review of the Tribunal's decision.