Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WZAVI v Minister for Immigration and Border Protection [2017] FCA 744 Appeal from: WZAVI v Minister for Immigration and Anor [2016] FCCA 2961
File number: WAD 599 of 2016
Judge: LOGAN J
Date of judgment: 25 May 2017
Catchwords: MIGRATION – judicial review – former Refugee Review Tribunal – Indian citizen – application for Protection (Class XA) visa – whether Tribunal gave proper and genuine consideration of evidence before it – whether well-founded fear of persecution – whether misinterpretation – whether a failure to observe procedures required by the Migration Act 1958 (Cth) at interview – whether Tribunal failed to observe the requirements of s 425 of the Migration Act – whether jurisdictional error – invitation issued under s 425 must remain open and must not be a hollow shell or empty gesture not demonstrated, comprehensive error of interpretation at hearing – no denial of procedural fairness at hearing
Legislation: Migration Act 1958 (Cth)
Cases cited: Appellant P119/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 230 Mazhar v Minister for Immigration and Multicultural Affairs (2000) 183 ALR 188
Date of hearing: 25 May 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 19
Counsel for the Appellant: The appellant appeared in person with the assistance of an interpreter
Solicitor for the Respondents: Sparke Helmore
ORDERS WAD 599 of 2016
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