WAKZ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1065

FEDERAL COURT OF AUSTRALIA

WAKZ v Minister for Immigration & Multicultural & Indigenous Affairs

[2005] FCA 1065

MIGRATION – judicial review – protection visa – well founded fear of persecution – applicant imprisoned and raped following involvement in student demonstration in Burma – 17 years ago – currently suffering post traumatic stress – psychological fragility – likely deleterious effect if returned to Burma and subjected to routine questioning of returnees – whether routine questioning thereby persecutory – applicant with little political profile in Burma since imprisonment and rape – little political profile in Australia – whether projected avoidance of political activity upon return due to well founded fear of persecution – failure by Tribunal to consider – jurisdictional error – decision quashed

Migration Act 1958 (Cth) s 91R

Minister for Immigration and Multicultural and Indigenous Affairs v Ibrahim (2000) 204 CLR 1 cited Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited WAHK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 12 cited S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 cited Applicant NADB of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 216 ALR 1 cited

WAKZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

WAD 231 OF 2003

FRENCH J

2 AUGUST 2005

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD231 OF 2003

BETWEEN: WAKZ

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 2 AUGUST 2005

WHERE MADE: PERTH