WAGP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1515

FEDERAL COURT OF AUSTRALIA

WAGP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1515 Migration Act 1958 (Cth) ss 36(2), 424A(1), 474 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 considered Muin v Refugee Review Tribunal (2002) 190 ALR 601 considered Navaser v Minister for Immigration and Multicultural Affairs [2002] FCA 505 referred to Plaintiff S157/2002 v The Commonwealth of Australia (2003) 211 CLR 476 referred to SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24 followed WACO v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 76 ALD 597 distinguished WAGP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 124 FCR 276 referred to WAGP v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL WAD 51 of 2005 NICHOLSON J 28 OCTOBER 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W51 OF 2005

BETWEEN: WAGP

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: NICHOLSON J

DATE OF ORDER: 28 OCTOBER 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application for review be dismissed. 2. The applicant pay the respondents' 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 W51 OF 2005

BETWEEN: WAGP

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT