WAJH v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 935

FEDERAL COURT OF AUSTRALIA

WAJH v Minister for Immigration & Multicultural &

Indigenous Affairs [2003] FCA 935

MIGRATION – protection visa – two brothers had review applications separately pending before the Refugee Review Tribunal – at applicant's hearing Tribunal told him that it would look at his brother's files and if it found any problem would write to him, let him know and give him a chance to respond – subsequently at the brother's hearing applicant gave evidence of an association on both his and his brother's part with a known dissident – Tribunal decided applicant's review before his brother's – Tribunal did not give applicant opportunity to expand on his own association with the known dissident – in its reasons Tribunal assessed applicant's association with known dissident as not being as direct as that of his brother – subsequently Tribunal determined that the brother's association with the known dissident gave rise to a well-founded fear of persecution – whether denial of procedural fairness of sufficient extent as to give rise to jurisdictional error – whether decision made under Migration Act.

Migration Act 1958 (Cth), ss 65, 424, 474 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 applied Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 applied Muin v Refugee Review Tribunal [2002] HCA 30 applied Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 applied Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6 applied WAJH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W320 OF 2002 CARR J 5 SEPTEMBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W320 OF 2002

BETWEEN: WAJH

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS