Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WAAH v Minister for Immigration & Multicultural Affairs [2003] FCA 1235
MIGRATION – appeal – decision of Refugee Review Tribunal to refuse to grant a protection visa – whether reasonable apprehension of bias – where letters from Tribunal stated that "information" therein "affects" the credibility of the appellant and Tribunal refused to listen to audio tape recording of interview – whether appropriate to purport to rely on demeanour to determine credibility in Tribunal proceedings Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 5, 13, 14, 36(2), 36(3), 65, 189, 196, 424A, 474 Federal Court of Australia Act 1976 (Cth) s 25(1A) Federal Court Rules O 80 Craig v South Australia (1994) 184 CLR 163 cited Johnson v Johnson (2000) 201 CLR 488 cited Plaintiff S157/2002 v Commonwealth (2003) 195 ALR 24 cited R v Secretary of State for the Home Department; Ex parte Bugdaycay [1987] AC 514 cited Re: Refugee Review Tribunal Ex parte H (2001) 179 ALR 425 applied WAEJ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 188 cited WAAH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 247 OF 2002 LEE J 12 NOVEMBER 2003 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W247 OF 2002
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: WAAH
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: LEE J
DATE OF ORDER: 12 NOVEMBER 2003
WHERE MADE: PERTH
THE COURT ORDERS THAT: The appeal be dismissed with 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 W247 OF 2002
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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