Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WZAOT v Minister for Immigration and Citizenship [2013] FCA 136 Citation: WZAOT v Minister for Immigration and Citizenship [2013] FCA 136
Appeal from: WZAOT v Minister for Immigration and Citizenship & Anor [2012] FMCA 841
Parties: WZAOT v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: WAD 273 of 2012
Judge: BARKER J
Date of judgment: 27 February 2013
Catchwords: MIGRATION – appellant child claimed well-founded fear of persecution on account of being a "black child" born in contravention of China's family planning policies – whether Tribunal committed jurisdictional error in failing to have separate representation for appellant – whether Tribunal committed jurisdictional error in not addressing whether there was a real chance that social compensation fee would not be paid and that appellant would be subject to persecution
Legislation: Migration Act 1958 (Cth) s 36(2), s 65(1), Div 3 Subdiv AL, s 91R, s 91R(1)(b), s 420, s 420(1), s 420(2)(b), s 422B, s 422B(3), s 425, s 425(1)
Cases cited: Applicant A v Minister for Immigration and Ethnic Affairs [1997] HCA 4; (1997) 190 CLR 225 Applicant S v Minister for Immigration and Multicultural Affairs [2004] HCA 25; (2004) 217 CLR 387 Chen Shi Hai v Minister for Immigration and Multicultural Affairs [2000] HCA 19; (2000) 201 CLR 293 Minister for Immigration and Citizenship v Li [2012] FCAFC 74; (2012) 202 FCR 387 Minister for Immigration and Citizenship v SZMOK [2009] FCAFC 83; (2009) 110 ALD 15 Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; (1999) 197 CLR 611 NAIS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 77; (2005) 228 CLR 470 Odhiambo v Minister for Immigration and Multicultural Affairs [2002] FCAFC 194; (2002) 122 FCR 29 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Re Woolley; Ex parte Applicants M276/2003 [2004] HCA 49; (2004) 225 CLR 1 VTAO v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 927; (2004) 81 ALD 3
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