WALA v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1784

FEDERAL COURT OF AUSTRALIA

WALA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS [2005] FCA 1784

MIGRATION – protection visa – whether Tribunal complied with obligations under s 424A of the Migration Act 1958 (Cth)

Migration Act 1958 (Cth), s 424A(1), s 424A(3)(a)

SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 applied VHAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 82 cited VJAF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 178 cited VAF v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 123 cited Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 cited WALA, WALB, WALC, WALD, WALE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL WAD 215 OF 2004 SIOPIS J 9 DECEMBER 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 215 OF 2004

BETWEEN: WALA

WALB

WALC

WALD

WALE

APPLICANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: SIOPIS J

DATE OF ORDER: 9 DECEMBER 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1 The Refugee Review Tribunal be joined as the second respondent. 2 There be an order in the nature of certiorari to quash the decision of the second respondent made on 14 July 2004. 3 There be an order in the nature of mandamus requiring the second respondent to review according to law the decision made by the delegate for the first respondent to refuse the protection visas sought by the applicants. 4 The first respondent is to pay the applicants' costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.