Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WADJ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 99
MIGRATION – appeal – protection visa refusal – whether federal magistrate in error of law in failing to review tribunal decision – Palestinian formerly resident in Syria – fears of persecution in Syria for reason of political opinion – whether fear well-founded – whether tribunal committed jurisdictional error – tribunal finding that standard of interpretation not breached
Migration Act 1958 (Cth) s 36(2) Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Plaintiff S157/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] HCA 2 referred to R v Hickman; Ex parte Fox v Clinton (1945) 70 CLR 598 referred to APPELLANT WADJ OF 2001 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W197 of 2002 RD NICHOLSON J 24 FEBRUARY 2003 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W197 OF 2002
ON APPEAL FROM A FEDERAL MAGISTRATE OF THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: APPELLANT WADJ of 2001
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: RD NICHOLSON J
DATE OF ORDER: 24 FEBRUARY 2003
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The appeal be dismissed 2. The appellant pay the respondent's costs of the appeal. 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 W197 OF 2002
ON APPEAL FROM A FEDERAL MAGISTRATE OF THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: APPELLANT WADJ of 2001
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
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