WAFO v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 241 (13 August 2002)

Last Updated: 16 August 2002

FEDERAL COURT OF AUSTRALIA

WAFO v Minister for Immigration & Multicultural & Indigenous Affairs

[2002] FCAFC 241

MIGRATION - refugee - refusal of protection visa - appeal from single judge dismissing application for review of decision of Refugee Review Tribunal - whether evidence or other material to justify decision - whether error of law

WAFO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

W85 OF 2002

HEEREY, CARR AND MANSFIELD JJ

13 AUGUST 2002

PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W 85 OF 2002

BETWEEN:	WAFO APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	HEEREY, CARR AND MANSFIELD JJ
DATE OF ORDER:	13 AUGUST 2002
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. The appeal is dismissed.

2. The appellant pay the respondent's costs of the appeal including reserved costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W 85 OF 2002

BETWEEN:	WAFO APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	HEEREY, CARR AND MANSFIELD JJ
DATE:	13 AUGUST 2002
PLACE:	PERTH

REASONS FOR JUDGMENT

1 The appellant appeals from a decision of a Judge of this Court which affirmed a decision of the Refugee Review Tribunal which in turn affirmed a decision of a delegate of the respondent Minister not to grant the appellant a protection visa. The appellant is a citizen of Egypt born in 1975. He entered Australia on 20 October 2000. The appellant is the friend of the appellant in the earlier case heard today, that is, WAFN of 2002.

2 The Tribunal rejected the application of the present appellant for essentially the same reasons as it did in the earlier case. Likewise, his Honour dismissed the application for review for the same reasons. The appellant in the present case, who was not represented, had filed a notice of appeal in the same terms as the appellant in the earlier case. The appellant addressed the Court and also referred to the incident when 22 people were killed as a result of a vendetta. For the same reasons as we have given in the earlier case, we are satisfied that no error has been shown in the decision of the primary Judge refusing to set aside a decision of the Tribunal. The appeal will be dismissed with costs.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Court.

Associate:

Dated: 15 August 2002

Counsel for the Appellant:	Appeared in person
Counsel for the Respondent:	Mr A A Jenshel
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	13 August 2002
Date of Judgment:	13 August 2002