Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WAGH v Minister for Immigration & Multicultural & Indigenous Affairs
[2003] FCA 8
MIGRATION – judicial review – refugee – application for protection visa – decision of Refugee Review Tribunal – privative clause decision – whether misconstruction of criteria for grant of protection visa under s 36 – safe third country – applicant holder of a visa to enter USA – no error of law in construction of s 36 and Article 33 – open question whether misconstruction would be reviewable notwithstanding privative clause – bad faith – alleged impatience, discourtesy and dismissive approach by Tribunal member – whether indicative of bad faith – bad faith not made out – application dismissed. Migration Act 1958 (Cth) Judiciary Act 1903 (Cth) s 39B NAAV v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 193 ALR 449 cited R v Connell; Ex parte Hetton Bellbird Collieries (No 2) (1944) 69 CLR 407 cited Buck v Bavone (1976) 135 CLR 110 cited Foley v Padley (1984) 154 CLR 349 cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited W228 v Minister for Immigration & Multicultural Affairs [2001] FCA 860 cited Patto v Minister for Immigration & Multicultural Affairs (2000) 106 FCR 119 cited Al-Rahal v Minister for Immigration & Multicultural Affairs (1999) 110 FCR 73 cited Minister for Immigration & Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 cited Minister for Immigration & Multicultural Affairs v Al-Sallal (1999) 94 FCR 549 cited Minister for Immigration & Multicultural Affairs v Applicant C [2001] FCA 1332 cited S115/00A v Minister for Immigration & Multicultural Affairs [2001] FCA 540 cited Kola v Minister for Immigration & Multicultural Affairs [2001] FCA 630 cited Bitani v Minister for Immigration & Multicultural Affairs [2001] FCA 631 cited W228 v Minister for Immigration & Multicultural Affairs [2001] FCA 860 cited V1043/00A v Minister for Immigration & Multicultural Affairs [2001] FCA 910 cited Kola v Minister for Immigration & Multicultural Affairs [2002] FCAFC 59 cited Turcan v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 193 ALR 449 cited
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate