W404/01A OF 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 255

FEDERAL COURT OF AUSTRALIA W404/01A OF 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 255 MIGRATION – judicial review – protection visa – appellant Muslim from Jammu and Kashmir – assumption appellant held well-founded fear of persecution if returned to Jammu and Kashmir – issue of relocation elsewhere in India or alternatively in Pakistan – Refugee Review Tribunal finding that effective protection available in India and Pakistan – whether Tribunal adequately investigated appellant's 'ethnicity, language and work skills' and situation of Kashmiri Muslims relocating in India – whether Tribunal conclusion that adequate government protection for Muslims in India supported by evidence – whether Tribunal ignored relevant country information – whether Tribunal reasoning supporting finding of effective protection in Pakistan illogical and / or based on an irrelevant consideration – no reviewable error made out – appeal dismissed. Migration Act 1958 (Cth)

Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30 APPELLANT W404/01A OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W156 OF 2002 FRENCH, LEE AND CARR JJ 14 NOVEMBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W156 OF 2002

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

BETWEEN: W404/01A OF 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: FRENCH, LEE AND CARR JJ

DATE OF ORDER: 14 NOVEMBER 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.