QAAR v Refugee Review Tribunal [2005] FCA 1818

FEDERAL COURT OF AUSTRALIA

QAAR v REFUGEE REVIEW TRIBUNAL [2005] FCA 1818 MIGRATION – judicial review – protection visa – Refugee Review Tribunal – failure to identify a discrete claim – failure to make a finding – failure to ask the correct question – failure to exercise the statutory jurisdiction – whether jurisdictional error – obligation to put to the Applicant for a visa a concern by the Refugee Review Tribunal that a warrant of arrest put to the Tribunal by the Applicant was not genuine – claim of persecution by anti-government rebels comprising the Lords Resistance Army – claim of persecution by government authorities – whether findings as to credibility could be relied upon to reject a warrant of arrest as genuine. Judiciary Act 1903 (Cth) s.39B Migration Act 1958 (Cth) s.36(2), s.65, Part 8 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 Najt v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 134 Waco v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 171; 131 FCR 511 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 at 640 [44] Nabe v Minister for Immigration and Multicultural and Indigenous Affairs (No. 2) [2004] FCAFC 263 Re The Minister for Immigration and Multicultural Affairs; ex parte Durairajasingham (2000) 168 ALR 407 at [67] Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 (2003) 198 ALR 59 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 at page 351 [82] Re Refugee Review Tribunal, ex parte Aala (2000) 204 CLR 82 Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 at 259 [42] Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 at 63 Other Authorities Convention Relating to the Status of Refugees (Geneva 28 July 1951) Protocol Relating to the Status of Refugees (New York 31 January 1967) QAAR v REFUGEE REVIEW TRIBUNAL & ANOR QUD 93 OF 2005 GREENWOOD J 13 DECEMBER 2005 BRISBANE