Labara v Minister for Immigration and Multicultural Affairs [2002] FCAFC 145

FEDERAL COURT OF AUSTRALIA

Labara v Minister for Immigration and Multicultural Affairs

[2002] FCAFC 145

MIGRATION – decision of Refugee Review Tribunal refusing a protection visa – decision of primary judge affirming decision of Tribunal – appellants citizens of Ukraine and Jehovah's Witnesses – whether Tribunal erred by not addressing the question of possible future harm that might befall the appellants – whether the Tribunal erred by not considering whether the Ukrainian government was able, in a practical sense, to prevent such harm – where the Tribunal accepted that the first appellant had been assaulted by private citizens and suffered property damage because of his adherence to the Jehovah's Witness religion.

Migration Act 1958 (Cth) Minister for Immigration and Multicultural Affairs v Khawar [2002] HCA 14 discussed Minister for Immigration and Multicultural Affairs v Ibrahim (2000) 204 CLR 1 referred to Yusuf v Minister for Immigration & Multicultural Affairs (2001) 180 ALR 1 followed GENNADIY LABARA AND MARYNA BILOUSOVA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFIARS N 437 OF 2001 LEE, MOORE AND MADGWICK JJ 23 MAY 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N473 OF 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: GENNADIY LABARA

FIRST APPELLANT

MARYNA BILOUSOVA

SECOND APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: LEE, MOORE & MADGWICK JJ

DATE OF ORDER: 23 MAY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal is allowed. 1. The orders of the primary judge of 9 April 2001 are set aside. 1. The decision of the Refugee Review Tribunal of 19 October 2000 is set aside and the matter is remitted to the said Tribunal for reconsideration according to law. 1. The parties are to pay their own costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.