Applicants A105 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 239

FEDERAL COURT OF AUSTRALIA

Applicants A105 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 239

MIGRATION – appeal – protection visa – effective protection – relocation – where primary judge held the Refugee Review Tribunal was not in error in considering relocation and effective protection before inquiring whether the appellant had a well-founded fear of persecution. PRACTICE AND PROCEDURE – application for adjournment pending High Court decisions – whether High Court decisions likely to affect outcome of appeal.

Migration Act 1958 (Cth) s 36

Minister for Immigration & Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 followed NAEN v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 6 cited NAHF v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 7 cited NAGV v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 144 discussed APPLICANTS A105 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS; PAUL WHITE, MEMBER REFUGEE REVIEW TRIBUNAL AND PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL SAD 59 of 2004 RYAN, JACOBSON and LANDER JJ 30 AUGUST 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 59 OF 2004

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

BETWEEN: APPLICANTS A105 OF 2003

APPELLANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

PAUL WHITE, MEMBER REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGES: RYAN, JACOBSON and LANDER JJ

DATE OF ORDER: 30 AUGUST 2004

WHERE MADE: ADELAIDE