WAFQ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 811

FEDERAL COURT OF AUSTRALIA

WAFQ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 811

MIGRATION – judicial review – application for protection visa – Refugee Review Tribunal – judicial review by Federal Magistrate – appeal from magistrate's decision – no jurisdictional error disclosed – no grounds for review disclosed – appeal dismissed Migration Act 1958 (Cth)

NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 193 ALR 449 cited Plaintiff S157 of 2002 v Commonwealth of Australia (2003) 195 ALR 24 cited WAFQ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W269 OF 2002 FRENCH J 30 JULY 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIAN DISTRICT REGISTRY W 269 OF 2002

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: WAFQ

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 30 JULY 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal 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 W 269 OF 2002

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: WAFQ

APPELLANT

AND MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE: 30 JULY 2003

PLACE: PERTH

REASONS FOR JUDGMENT The appellant is a citizen of Iran who came to Australia without a visa on 25 March 2001. He was interviewed after his arrival by an officer of the Department of Immigration, Multicultural and Indigenous Affairs on 2 April 2001. He was asked at that interview why he had left his country of nationality. He said he had problems. He was asked what sort of problems.