NACR of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 318

FEDERAL COURT OF AUSTRALIA

NACR of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 318 MIGRATION – refugee – practitioner of Falun Gong – imputed political opinion -– whether appellant could evade risk by practising in private – whether persecution based on denial of access to employment - whether primary Judge erred in holding that decision of Refugee Review Tribunal refusing a protection visa had not involved an error of law

Migration Act 1958 (Cth)

Minister for Immigration & Multicultural & Indigenous Affairs v Guo (1997) 191 CLR 559 cited Abebe v Commonwealth (1999) 197 CLR 510 cited N989/01 v Minister for Immigration & Multicultural Affairs [2002] FCAFC 237 followed Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 cited Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 followed Gao v Attorney General of the United States (2002) 299 F.3d 266 cited Wang v Minister for Immigration and Multicultural Affairs (2000) 179 ALR 1 cited Farajvand v Minister for Immigration and Multicultural Affairs [2001] FCA 795 cited Win v Minister for Immigration and Multicultural Affairs [2001] FCA 132 cited A v Secretary of State for the Home Department [2002] EWCA Civ 1171 cited N989/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 434 cited W375/01A v Minister for Immigration and Multicultural Affairs [2002] FCA 379 cited WAIZ v Minister for Immigration & Multicultural Affairs [2002] FCA 1375 cited Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Craig v South Australia (1995) 184 CLR 163 applied Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR applied Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 cited He v Secretary of State for the Home Department [2002] EWCA Civ 1150 cited NACR of 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 131 OF 2002 BEAUMONT, LEE & KIEFEL JJ 15 NOVEMBER 2002 SYDNEY