Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WAJE v Minister for Immigration & Multicultural & Indigenous Affairs
[2003] FCA 1062
WAJE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
W142 of 2003
CARR J
3 OCTOBER 2003
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W142 OF 2003
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT
BETWEEN: WAJE
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
Respondent
JUDGE: CARR J
DATE OF ORDER: 3 OCTOBER 2003
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. 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 W142 OF 2003
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT
BETWEEN: WAJE
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
Respondent
JUDGE: CARR J
DATE: 3 OCTOBER 2003
PLACE: PERTH
REASONS FOR JUDGMENT
introduction 1 This is an appeal from a decision of a Federal Magistrate given on 18 June 2003. His Honour's decision was to dismiss the appellant's application for an order of review of a decision of the Refugee Review Tribunal, made on 31 December 2002, to affirm a decision of a delegate of the respondent not to grant the appellant a protection visa. The Chief Justice, acting under s 25(1A) of the Federal Court of Australia Act 1976 (Cth) directed that the appeal be heard by a single judge.
factual and procedural background 2 The appellant is a citizen of Sri Lanka who was born on 26 November 1978. He arrived on the Cocos (Keeling) Islands on 15 September 2001 which were excised from Australia's migration zone on 17 September 2001 under the Migration Amendment (Excision from Migration Zone) Act 2001 (Cth). He made claims for asylum which were considered in accordance with procedures applying to arrivals in areas excised from the migration zone. This included a refugee status assessment and a review of the initial decision that the appellant was not a refugee. 3 In August 2002 the appellant was transferred to the Australian mainland. On 19 September 2002 the appellant applied for a protection visa. On 13 November 2002 a delegate of the respondent refused to grant that visa. On 19 November 2002 the appellant sought review of that decision by the Refugee Review Tribunal which conducted a hearing on 20 December 2002.
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