WAAC v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 364

FEDERAL COURT OF AUSTRALIA

WAAC v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 364 Kioa v West (1995) 159 CLR 550 cited Minister for Immigration and Multicultural Affairs, Re; Ex parte Lam (2003) 214 CLR 1 referred to Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 referred to WAAC v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FMCA 316 affirmed WAAF v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 316 considered WAAC v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS WAD 163 of 2004 NICHOLSON J 8 APRIL 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 163 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: WAAC

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: NICHOLSON J

DATE OF ORDER: 8 APRIL 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT: The appeal be dismissed. 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 WAD 163 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: WAAC

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: NICHOLSON J

DATE: 8 APRIL 2005

PLACE: PERTH

REASONS FOR JUDGMENT 1 This is an appeal from the decision of a Federal Magistrate made on 28 June 2004 dismissing an application for review of a decision of the Refugee Review Tribunal ('the Tribunal') made on 10 September 2001 confirming a decision of a delegate of the respondent (WAAC v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FMCA 316). The delegate's decision refused an application by the appellant for a protection visa pursuant to the provisions of the Migration Act 1958 (Cth) ('the Act').