WAKJ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1336

FEDERAL COURT OF AUSTRALIA

WAKJ v Minister for Immigration & Multicultural & Indigenous Affairs

[2004] FCA 1336

MIGRATION – protection visa – refusal of protection visa – exclusion from Refugees Convention – Article 1F – serious non-political crime – declaration that applicant excluded person – failure to give written reasons – insufficiency of departmental minute to Minister – provision of reasons ordered

Migration Act 1958 (Cth)

Nezovic v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) (2003) 203 ALR 33 cited

Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Palme (2003) 201 ALR 327 cited

WAKJ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

W171 OF 2003

FRENCH J

11 OCTOBER 2004

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W171 OF 2003

BETWEEN: WAKJ

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 11 OCTOBER 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The Hon. Philip Ruddock, MHR, formerly the Minister for Immigration and Multicultural and Indigenous Affairs, on or before 8 November 2004 give written reasons for his decision to refuse the applicant the grant of a protection visa made on 27 May 2003. 2. The respondent is, by 8 November 2004, to provide written submissions and any affidavit evidence on which he or she relies to support the proposition that the documents referred to in the applicant's notice to produce filed 6 October 2004 should not be produced to the Court. 3. The applicant to file its written submissions in reply by 22 November 2004. 4. The question of production of the documents will be decided on or about 29 November 2004. 5. The application to be re-listed for hearing at a date to be fixed in December 2004. 6. Liberty to apply. 7. Costs today reserved.