WAKN v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1245

FEDERAL COURT OF AUSTRALIA

WAKN v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 1245

MIGRATION – refugees – Refugees Convention – exclusion clause – Article 1F – temporary protection visa holder – temporary protection visa granted on basis of non-application of Article 1F – application for permanent protection visa – new information – permanent protection visa refused on basis that Article 1F applicable – character of Article 1F as exclusion clause – contrast with cessation clause Article 1C – review by Administrative Appeals Tribunal – whether Administrative Appeals Tribunal precluded from application of Article 1F because of prior grant of temporary protection visa – preliminary ruling by Administrative Appeals Tribunal – review to proceed with consideration of possible application of Article 1F – application for certiorari to set aside preliminary ruling – application dismissed – availability of constitutional writs in respect of interlocutory rulings of Tribunal – observations on nature of inquiry concerning Art 1F in protection visa decision-making

REMEDIES – judicial review – constitutional writs – interlocutory decision of Administrative Appeals Tribunal – availability of statutory remedy under Administrative Appeals Tribunal Act in respect of ultimate decisions – discretionary considerations against the grant of constitutional writs in pending Administrative Appeals Tribunal proceedings

Migration Act 1958 (Cth) s 500, s 91T

Administrative Appeals Tribunal Act 1975 (Cth) s 43(1)

Refugees Convention 1951 Art 1A(2), Art 1C, Art 1F

SAL v Minister for Immigration and Multicultural and Indigenous Affairs [2002] AATA 1164 cited

SHCB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 229 cited

Director of Social Services v Chaney (1980) 31 ALR 571 cited