WAHJ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 404

FEDERAL COURT OF AUSTRALIA

WAHJ v Minister for Immigration & Multicultural & Indigenous Affairs

[2003] FCA 404

MIGRATION – protection visa – appeal from Federal Magistrates Court dismissing application for a review of decision of Refugee Review Tribunal – Magistrate applied the Hickman principles – subsequent decision of High Court in Plaintiff S157/2002 v Commonwealth of Australia – whether any arguable basis for finding that the Tribunal's decision was not made under the Migration Act – whether Tribunal erred in not considering whether appellant was a member of a particular social group, namely Afghani civilians – whether Tribunal fell into jurisdictional error in failing to consider that appellant might face persecution as a civilian in Afghanistan – no such error identified – whether appeal should be dismissed or matter remitted to Federal Magistrates Court for rehearing.

Migration Act 1958 (Cth)

NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 referred to Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 referred to Applicant NAOB of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 33 followed NADH of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 19 referred to WAHJ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W349 of 2002 CARR J 2 MAY 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W349 OF 2002

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: WAHJ

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CARR J

DATE OF ORDER: 2 MAY 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.