WAFU v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1238

FEDERAL COURT OF AUSTRALIA

WAFU v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1238 MIGRATION – protection visa – judicial review – appeal – standard of interpretation – procedural fairness – whether appellant prevented by Tribunal from putting case at hearing – whether Tribunal failed to consider relevant claims – appeal dismissed. COSTS – discretion – judicial review – whether special circumstances justifying departure from ordinary rule that costs follow event – change of circumstances between appellant's departure from Afghanistan and hearing by Refugee Review Tribunal – not relevant to proceedings in Magistrates Court – operation of costs order as economic barrier to re-entry to Australia – not relevant to discretion – cross-appeal on costs allowed. Migration Act 1958 (Cth) NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 193 ALR 449 cited Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 cited Latoudis v Casey (1990) 170 CLR 534 cited Donald Campbell & Co Ltd v Pollak [1927] AC 732 cited WAFU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W65 OF 2003 FRENCH J 3 NOVEMBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W65 OF 2003

BETWEEN: WAFU

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 3 NOVEMBER 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The appeal is dismissed.

2. The cross-appeal is allowed.

3. The appellant is to pay the costs of the appeal and of the proceedings in the Federal Magistrates Court.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA