Minister for Immigration & Multicultural Affairs v Applicant M [2002] FCAFC 253

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Applicant M [2002] FCAFC 253 MIGRATION – protection visa – whether conscientious objector in Afghanistan would have well-founded fear of persecution by reason of "political opinion"– whether "political opinion" of conscientious objection imputed – whether Afghan society perceived conscientious objectors as comprising a "particular social group".

Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 referred to Mijoljevic v Minister for Immigration and Multicultural Affairs [1999] FCA 834 referred to Minister for Immigration and Multicultural Affairs v Applicant Z [2001] FCA 1823 cited

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v APPLICANT M W 502 of 2001 WHITLAM, NORTH and STONE JJ 23 AUGUST 2002 SYDNEY (HEARD AT PERTH)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 502 of 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

APPELLANT

AND: APPLICANT M

RESPONDENT

JUDGES: WHITLAM, NORTH and STONE JJ

DATE OF ORDER: 23 AUGUST 2002

WHERE MADE: SYDNEY (HEARD AT PERTH)

THE COURT ORDERS THAT: 1. The appeal is allowed. 2. The orders made by the primary judge on 5 October 2001 be set aside, and in lieu thereof, order that:

(a) the application be dismissed, and

(b) the applicant pay the respondent's costs.

3. The respondent pay the appellant's costs of the appeal.

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 502 of 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION