Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WZATI v Minister for Immigration and Border Protection [2015] FCA 923 Citation: WZATI v Minister for Immigration and Border Protection [2015] FCA 923
Appeal from: WZATI v Minister for Immigration & Anor [2014] FCCA 2750
Parties: WZATI v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: WAD 377 of 2014
Judge: BARKER J
Date of judgment: 24 August 2015
Catchwords: MIGRATION – application for protection (class XA) visa – appellant a Sri Lankan citizen of Tamil ethnicity – alleged well-founded fear of persecution if returned to Sri Lanka – alleged imputed affiliation with the Liberation Tigers of Tamil Eelam ('LTTE') – returned asylum seeker – whether Tribunal failed to consider relevant considerations – whether Tribunal erred in making adverse credibility finding – reliance on recent country information – whether Tribunal decision demonstrated bias or gave rise to reasonable apprehension of bias – no error in Federal Circuit Court decision
Legislation: Migration Act 1958 (Cth) s 36(2)(a), s 36(2)(aa), s 36(2A), s 91R(1)(a), s 91R(1)(b) Convention relating to the Status of Refugees. Opened for signature 28 July 1951. 189 UNTS 137 (entered into force 22 April 1954)
Cases cited: Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 73 ALD 321; [2003] HCA 26 Minister for Immigration and Border Protection v WZAPN (2015) 320 ALR 467; [2015] HCA 22 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507; [2001] HCA 17. Plaintiff M61/2010E v Commonwealth of Australia (2010) 243 CLR 319; [2010] HCA 4 Re Refugee Tribunal; Ex parte H (2001) 179 ALR 425 at 434; [2001] HCA 28 SZLZM v Minister for Immigration and Citizenship [2008] FCA 1263 SZOVB v Minister for Immigration and Citizenship (2011) 125 ALD 38; [2011] FCA 1462 SZTEQ v Minister for Immigration and Border Protection (2015) 229 FCR 497; [2015] FCAFC 39 WZAPN v Minister for Immigration and Border Protection (2014) 144 ALD 82; [2014] FCA 947
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