WAJZ, WAKA, WAGF, WAKB, WAKC, WAKD, WAKE, WAKF, WADX and WAKG v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1028

WAJZ, WAKA, WAGF, WAKB, WAKC, WAKD, WAKE, WAKF, WADX and WAKG v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1028

The parts of the claims based on the Refugees Convention disclose no reasonable cause of action due to binding authority; nonetheless, in light of NATB and allowing all pleaded facts, there may be an arguable claim regarding the impact of applicants' psychological conditions and the relevance of the Torture...

Source-derived case information.

Parties
Applicant: WAJZ; Applicant: WAKA; Applicant: WAGF; Applicant: WAKB; Applicant: WAKC; Applicant: WAKD; Applicant: WAKE; Applicant: WAKF; Applicant: WADX; Applicant: WAKG; Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
26 September 2003
Procedural Posture
Immigration Judicial Review / Summary Dismissal Following Amended Statement of Claim
Outcome
Paragraph referring to Refugees Convention struck out; summary dismissal of applications otherwise refused
Legal Topics
Protection Visas, Judicial Review, Removal From Australia, Summary Dismissal, International Conventions (refugees Convention, Convention Against Torture), Interpretation of Migration Act Provisions
Immigration Law Administrative Law Protection Visas Judicial Review Removal From Australia Summary Dismissal International Conventions (refugees Convention, Convention Against Torture) Interpretation of Migration Act Provisions

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Summary, issues, holding and outcome

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Parties

WAJZ

Applicant

WAKA

Applicant

WAGF

Applicant

WAKB

Applicant

WAKC

Applicant

WAKD

Applicant

WAKE

Applicant

WAKF

Applicant

WADX

Applicant

WAKG

Applicant

Minister for Immigration and Multicultural and Indigenous Affairs

Respondent

Procedural Posture

Immigration Judicial Review / Summary Dismissal Following Amended Statement of Claim

Legal Issues

  1. 1 Whether removal of applicants to Iran is limited by international non-refoulement obligations
  2. 2 Whether psychological/psychiatric conditions make return reasonably impracticable under s 198(6) Migration Act
  3. 3 Whether amended statements of claim disclose a reasonable cause of action

Ratio Decidendi

The parts of the claims based on the Refugees Convention disclose no reasonable cause of action due to binding authority; nonetheless, in light of NATB and allowing all pleaded facts, there may be an arguable claim regarding the impact of applicants' psychological conditions and the relevance of the Torture Convention to 'reasonably practicable' removal under s 198(6), so the statements of claim will be struck out only as to the Refugees Convention but not otherwise summarily dismissed.

Court Disposition

Paragraph referring to Refugees Convention struck out; summary dismissal of applications otherwise refused

Orders

  • Paragraph 4 of the Statement of Claim is struck out in each proceeding
  • Respondent's motion for summary dismissal of the application is dismissed in each proceeding