NAPU v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 193

FEDERAL COURT OF AUSTRALIA

NAPU v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 193

MIGRATION – appellant outspoken journalist – Refugee Review Tribunal concluded appellant threatened by people wanting to silence him or seek revenge because appellant had written about them – Refugee Review Tribunal concluded appellant not threatened because of membership of particular social group – Refugee Review Tribunal accepted that Bangladeshi media members sometimes victims of violence or harassment from government or powerful individuals – issues raised by material presented to Refugee Review Tribunal not addressed by it – whether various references by appellant to himself as outspoken journalist and material about fate of journalists fairly raised a broad case – whether a particular social group was constituted by outspoken journalists in Bangladesh Applicant S v Minister for Immigration and Multicultural Affairs [2004] HCA 25 referred to Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 referred to Minister for Immigration and Multicultural Affairs v Applicant S (2002) 124 FCR 256 referred to Minister for Immigration and Multicultural Affairs v Zamora (1998) 85 FCR 458 referred to Minister for Immigration and Multicultural and Indigenous Affairs v VFAY [2003] FCAFC 191 referred to Nouredine v Minister for Immigration and Multicultural Affairs (1999) 91 FCR 138 referred to Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565 referred to NAPU v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 27 OF 2004 MOORE, BRANSON AND EMMETT JJ 5 AUGUST 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 27 OF 2004

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA