Minister for Immigration & Multicultural & Indigenous Affairs v Kord [2002] FCAFC 77; [2002] FCA 334

Minister for Immigration & Multicultural & Indigenous Affairs v Kord [2002] FCAFC 77 Minister for Immigration & Multicultural & Indigenous Affairs v Kord [2002] FCA 334

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation. * All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series. * All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v Kord [2002] FCA 334

MIGRATION – Determination of refugee status – review of decision of Refugee Review Tribunal – meaning of "persecution" – whether discrimination constitutes persecution for a Convention reason – whether Refugee Review Tribunal committed an error of law WORDS & PHRASES – "persecution" Migration Act 1958 (Cth) Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989-1990) 169 CLR 379, considered Applicant A v Minister for Immigration and Ethnic Affairs (1996-97) 190 CLR 225, considered Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559, considered Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293, considered Minister for Immigration and Multicultural Affairs v Ibrahim (2000) 204 CLR 1, applied Gersten v Minister for Immigration and Multicultural Affairs [2000] FCA 855, distinguished Kanagasabai v Minister for Immigration and Multicultural Affairs [1999] FCA 205, distinguished