WABM of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1320

FEDERAL COURT OF AUSTRALIA

WABM of 2001 v Minister for Immigration & Multicultural &

Indigenous Affairs [2002] FCA 1320

MIGRATION – protection visa – judicial review – privative clause decision – appeal from Federal Magistrate - Federal Magistrate affirmed decision of Refugee Review Tribunal – no principle of law. NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 applied APPELLANT WABM OF 2001 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W172 of 2002 CARR J 25 OCTOBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 172 OF 2002

ON APPEAL FROM A FEDERAL MAGISTRATE

BETWEEN: APPELLANT WABM OF 2001

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGE: CARR J

DATE OF ORDER: 25 OCTOBER 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal be dismissed with 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 W 172 OF 2002

ON APPEAL FROM A FEDERAL MAGISTRATE

BETWEEN: APPELLANT WABM OF 2001

Appellant

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGE: CARR J

DATE: 25 OCTOBER 2002

PLACE: PERTH

REASONS FOR JUDGMENT

introduction 1 This is an appeal from an order of a Federal Magistrate, made on 14 May 2002, dismissing the appellant's application for review of a decision of the Refugee Review Tribunal. The Tribunal had affirmed a decision of a delegate of the respondent to refuse the appellant's application for a protection visa. That application for review had originally been lodged with this Court on 25 October 2001 but was subsequently transferred to the Federal Magistrates Court. The date 25 October 2001 is of significance, because from and after 2 October 2001 any entitlement of the appellant to relief became regulated by the new Part VIII of the Migration Act 1958 (Cth) ("the Act") which severely restricts the circumstances in which either the Federal Magistrates Court or this Court may interfere with decisions of the Tribunal. 2 The appellant is a citizen of Iran who arrived in Australia in December 2000. On 3 May 2001 he applied for a protection visa on the ground that he had a well-founded fear of persecution by reason of his political opinion and by reason of his religious beliefs. The appellant claimed to have converted from Islam to Christianity. On 29 May 2001, a delegate of the respondent refused to grant a protection visa to the appellant. On 1 June 2001 the appellant applied to the Refugee Review Tribunal for a review of that decision.