WAJZ, WAKA, WAGF, WAKB, WAKC, WAKD, WAKE, WAKF, WADX and WAKG v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1028

FEDERAL COURT OF AUSTRALIA WAJZ, WAKA,WAGF, WAKB, WAKC, WAKD, WAKE,WAKF, WADX and WAKG v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1028 MIGRATION – judicial review – protection visa – failed applications for protection visas – exhaustion of administrative and judicial review remedies – removal to home country – proceedings seeking to restrain removal – asserted fear of persecution for convention reasons in home country – alleged prospective breach of protection obligations by Australia in removing applicants – no reasonable cause of action disclosed in relation to Refugee Convention – alleged prospective breach of Convention against Torture – psychological and psychiatric conditions of applicants – effect on officer's duty to remove – requirement to remove 'as soon as reasonably practicable' – whether limitation on power – mitigation of duty – possible arguable case – statements of claim struck out as to Refugee Convention – summary dismissal motions otherwise dismissed. Migration Act 1958 (Cth) s 189(1), s 196, s 198, s 13, s 14

M38/2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 199 ALR 290 Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri (2003) 197 ALR 241 Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Li v Minister for Immigration and Multicultural Affairs [2002] FCAFC 181 NTAB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 761 SDAE v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 959 NATB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 185

WAJZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W119 OF 2003 WAKA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W120 OF 2003 WAGF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W121 OF 2003 WAKB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W122 OF 2003 WAKC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W123 OF 2003 WAKD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W124 OF 2003 WAKE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W125 OF 2003 WAKF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W126 OF 2003 WADX v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W127 OF 2003 WAKG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W128 OF 2003 FRENCH J 26 SEPTEMBER 2003 PERTH