Minister for Immigration and Multicultural and Indigenous Affairs v WALU [2006] FCA 657

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Multicultural and Indigenous Affairs v WALU [2006] FCA 657 MIGRATION – protection visas – well-founded fear of persecution claimed to be based on conscientious objection on religious grounds to compulsory military service – requirement for conscientious objector to serve 12 months of civil service instead of eight months in the military – findings of Tribunal that additional four months was in effect forced labour amounting to persecution involving serious harm

Held: Tribunal failed explicitly or inferentially to ask the correct question Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 36(2)(a), 36(3) Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 Applicant A101/2003 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 82 ALD 787 Applicant S v Minister for Immigration and Multicultural Affairs (2004) 217 CLR 387 Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 Erduran v Minister for Immigration and Multicultural Affairs (2002) 122 FCR 150 Mijoljevic v Minister for Immigration and Multicultural Affairs [1999] FCA 834 Minister for Immigration and Multicultural Affairs v Israelian (2001) 206 CLR 323 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 MZQAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 85 ALD 41 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 VCAD v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1005 VCAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 1 MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v WALU, WALV, WALW and REFUGEE REVIEW TRIBUNAL WAD 174 of 2005 NICHOLSON J 30 MAY 2006 PERTH