WAGU v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 912

FEDERAL COURT OF AUSTRALIA

WAGU v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 912 MIGRATION – Refugee Review Tribunal – judicial review – protection visa – adverse findings on credibility – corroborative documentary evidence – rejection of documentary evidence – unsupported speculation that documentary evidence produced as the result of arrangements made by the appellant with other persons in Iran – speculation never put to appellant – breach of procedural fairness – jurisdictional error – appeal allowed.

Migration Act 1958 (Cth)

Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 cited Lobo v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 168 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 195 ALR 502 cited NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 193 ALR 449 cited Re Minister for Immigration and Multicultural Affairs; Ex parte S20/2002 (2003) 198 ALR 59 cited WACO v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 171 discussed WAEJ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 188 discussed WAGU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W264 OF 2002 FRENCH J 29 AUGUST 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W264 OF 2002

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: WAGU

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 29 AUGUST 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal is allowed. 2. The decision of the learned Federal Magistrate given on 23 August 2002 is set aside. 3. An order in the nature of certiorari is made quashing the decision of the Refugee Review Tribunal made on 9 May 2002. 4. An order in the nature of mandamus is made requiring the Refugee Review Tribunal to reconsider the appellant's application according to law. 5. The respondent is to pay the appellant's costs of the appeal and of the application in the Federal Magistrates Court.