WABY v Refugee Review Tribunal [2005] FCA 209

FEDERAL COURT OF AUSTRALIA

WABY v Refugee Review Tribunal [2005] FCA 209 MIGRATION – judicial review – procedural fairness – adverse findings as to credibility of applicant and witness – whether failure of procedural fairness by failure to put proposed findings to applicant – findings going to characterisation and non-acceptance of applicant's evidence – no want of procedural fairness in failing to put those characterisations and conclusions to the applicant before reaching a decision Migration Act 1958 (Cth)

WABY v Minister for Immigration and Multicultural Affairs [2002] FMCA 61 cited WABY v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1091 cited Port of Melbourne Authority v Anshun Pty ltd (1981) 147 CLR 589 cited WABY v REFUGEE REVIEW TRIBUNAL and THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS WAD206 of 2004 FRENCH J 8 MARCH 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W206 OF 2004

BETWEEN: WABY

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 8 MARCH 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The applicant pay the respondent's costs of the application.

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 W206 OF 2004

BETWEEN: WABY

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: FRENCH J

DATE: 8 MARCH 2005