WAJG v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1244

FEDERAL COURT OF AUSTRALIA

WAJG v Minister for Immigration & Multicultural & Indigenous Affairs

[2003] FCA 1244

WAJG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W138 of 2003 CARR J 4 NOVEMBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W138 OF 2003

BETWEEN: WAJG

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CARR J

DATE OF ORDER: 4 NOVEMBER 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. 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 W138 OF 2003

BETWEEN: WAJG

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CARR J

DATE: 4 NOVEMBER 2003

PLACE: PERTH

REASONS FOR JUDGMENT

introduction 1 This is an appeal from a decision of a Federal Magistrate given on 12 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 8 January 2003, 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. 2 The appellant is a citizen of Sri Lanka. On 15 September 2001 he arrived on the Cocos (Keeling) Islands 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 11 October 2002 he lodged a fresh application for a protection visa. On 13 November 2002 a delegate of the respondent refused to grant that visa. On 18 November 2002 the appellant sought review of that decision by the Refugee Review Tribunal which conducted a hearing on 20 December 2002.