NACB of 2002 v Minister for Immigration & Multicultural Affairs [2002] FCAFC 140

FEDERAL COURT OF AUSTRALIA

NACB of 2002 v Minister for Immigration & Multicultural Affairs [2002] FCAFC 140 MIGRATION – Refugee Review Tribunal not satisfied that the risk of persecution was so remote as to be fanciful – whether RRT addressed the correct question – whether the RRT affirmatively satisfied that the appellant's fear of persecution was well-founded. Convention relating to the Status of Refugees, Arts 1A(2), 31, 32, 33 Protocol relating to the Status of Refugees Migration Act 1958 (Cth), ss 22AA, 36, 65, 476 Migration Regulations 1994 (Cth), Sched 2, Subclass 866 [221] Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, cited. Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 61, followed. Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, cited. Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559, followed. Chen v Minister for Immigration and Ethnic Affairs (1995) 58 FCR 96, cited. NACB OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 94 of 2002 BEAUMONT, CARR & SACKVILLE JJ 21 MAY 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 94 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: NACB OF 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: BEAUMONT, CARR & SACKVILLE JJ

DATE OF ORDER: 21 MAY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs.

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

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 94 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA