Applicant WAFV of 2002 v Refugee Review Tribunal [2003] FCA 16

FEDERAL COURT OF AUSTRALIA

Applicant WAFV of 2002 v Refugee Review Tribunal [2003] FCA 16 MIGRATION – judicial review – refugee – Refugee Review Tribunal – breach of natural justice – whether indicative of want of good faith – criteria for establishing want of good faith – high threshold – evaluative concept – not limited to dishonesty, malice or personal interest – encompasses reckless or capricious decision-making – not obverse of bad faith – requires conscientious attempt to exercise power – applicant asserting Afghan nationality – Tribunal reliance upon linguistic analysis – inadequate provision of content of analysis to applicant – unfair – not indicative of want of good faith – application dismissed Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 474

NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 193 ALR 449 cited R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 cited R v Murray; Ex parte Proctor (1949) 77 CLR 387 cited Little v The Commonwealth (1947) 75 CLR 94 cited Secretary, Department of Education, Employment, Training and Youth Affairs v Prince (1997) 152 ALR 127 cited Westminster Corporation v London and North Western Railway Company [1905] AC 426 cited Webb v Minister of Housing and Local Government [1965] 1 WLR 755 cited Roberts v Hopwood [1925] AC 578 cited Cannock Chase DC v Kelly [1978] 1 WLR 1 cited Western Fish Products Ltd v Penwith DC [1981] 2 All ER 204 cited SAAG v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 547 cited SBAN v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 591 cited SBAP v Refugee Review Tribunal [2002] FCA 590 cited NAAG v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 713 cited NACL v Refugee Review Tribunal [2002] FCA 643 cited Kordan v Federal Commissioner of Taxation (2000) ATC 4812 Daihatsu Australia Pty Ltd v Commissioner of Taxation (2001) 184 ALR 576 cited NAAP v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 805 cited SBAU v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1076 cited NADR v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 293 cited NAAQ of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 300 cited SBBS v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 361 cited SBAQ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 985 cited Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 cited Kamal v Minister for Immigration & Multicultural Affairs [2002] FCA 818 cited Latif v Minister for Immigration & Multicultural Affairs [2001] FCA 1701 cited Wade and Forsyth, Administrative Law, 8th ed, Clarendon Press, 1994 at 413-414 De Smith, Woolf and Jowell, Judicial Review of Administrative Action, 5th ed, Sweet & Maxwell, 1995 at 553 Craig, Administrative Law, 4th ed, Sweet & Maxwell, 1999 at 456 Supperstone & Goudie, Judicial Review, 2nd ed, Butterworths,1997 at 6.11-6.13 Aronson and Dyer, Judicial Review of Administrative Action, 2nd ed, Law Book Company, 2000 at 246-247 APPLICANT WAFV OF 2002 v REFUGEE REVIEW TRIBUNAL and MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W98 OF 2002 FRENCH J 17 JANUARY 2002 PERTH