WAFI v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 604

FEDERAL COURT OF AUSTRALIA

WAFI v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 604 MIGRATION – refusal to grant protection visa – stateless appellant – Tribunal considered appellant's nationality as a 'preliminary issue' – misstatement of citizenship by Refugee Review Tribunal –– not fatal to Tribunal's reasons for decision – did not indicate a close-minded approach by Tribunal – bulk of evidence not found to be credible – rejection of contentions that appellant was a national of Iraq who had been deported to Iran – no need to go further and address content of claims made in relation to fear of persecution if returned to Iraq – Tribunal decision satisfied requirements of s430(1) Migration Act 1958 in setting out its reasons for decision Migration Act 1958 (Cth) Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 cited SAAG v Minister for Immigration & Multicultural and Indigenous Affairs [2002] FCA 547 cited

WAFI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W257 OF 2002 FRENCH J 11 JUNE 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W257 OF 2002

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: WAFI

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 11 JUNE 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The appellant pay the respondent's costs of the application. 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 W257 OF 2002

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA