NAEU of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 259

FEDERAL COURT OF AUSTRALIA

NAEU of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 259 MIGRATION – protection visa – appeal from single judge affirming decision of Refugee Review Tribunal to refuse to grant protection visa – claim of persecution arising from appellant's desertion from Sri Lankan police force – appellant deserted because of fear for his life and because of human rights abuses committed by some members of the police force towards local Tamil community - appellant did not advise authorities of the reasons for his desertion – whether knowledge of appellant's political opinion on part of persecutor is required.

Migration Act 1958 (Cth)

Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559, followed Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225, considered Erduran v Minister for Immigration & Multicultural Affairs [2002] FCA 814, referred to Wang v Minister for Immigration & Multicultural Affairs (2000) 105 FCR 548, referred to Win v Minister for Immigration & Multicultural Affairs [2001] FCA 132, considered Muin v Refugee Review Tribunal [2002] HCA 30, referred to NAEU OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 218 of 2002 MADGWICK, MERKEL & CONTI JJ 24 OCTOBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 218 OF 2002

BETWEEN: NAEU OF 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MADGWICK, MERKEL AND CONTI JJ

DATE OF ORDER: 24 OCTOBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA