WAJY v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 355

FEDERAL COURT OF AUSTRALIA

WAJY v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 355

MIGRATION – application under s 39B Judiciary Act 1903 (Cth) – application for judicial review of decision of Refugee Review Tribunal affirming decision not to grant protection visas – where Tribunal decision result of matter being remitted by Full Court for redetermination – where previous Tribunal had accepted many claims of applicant – where substance to the criticism that Tribunal approached applicant's claims with a negative assumption precluding the Tribunal from going on to look fairly at the particulars of the evidence – where applicant not alerted that Tribunal believed and would find collusion and rehearsing of evidence between applicant and applicant wife – where Tribunal should have made this clear to applicant

Judiciary Act 1903 (Cth) s 39B

Applicant S20/2002 v Minister for Immigration and Multicultural Affairs (2003) 198 ALR 59 referred to Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547 cited Minister for Immigration and Multicultural Affairs v Rajamanikkam (2002) 210 CLR 222 referred to Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 followed WAJY v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W 104 of 2003 MOORE J 31 MARCH 2004 SYDNEY (HEARD IN PERTH)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 104 OF 2003

BETWEEN: WAJY

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 31 MARCH 2004

WHERE MADE: SYDNEY (HEARD IN PERTH)

THE COURT ORDERS THAT: 1. A writ of certiorari issue to remove to this Court and quash the decision of the Refugee Review Tribunal of 5 May 2003. 2. A writ of mandamus issue directing the Tribunal to determine according to law the applicant's application for a protection visa. 3. The respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.