Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NALZ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 320
Citizenship and migration — refugees — where persecution claimed as a result of imputed political opinion arising from appellant selling electrical goods to Sri Lankan nationals — where nature of persecution claimed was illegitimate maltreatment by authorities — whether asylum-seekers required or expected to modify behaviour or take reasonable steps to avoid persecutory harm — whether there is a distinction between actual and imputed membership of a protected class of citizens under Refugee Convention. Appellant S 395 of 2002 v Minister for Immigration and Multicultural Affairs (2003) 203 ALR 112 followed and considered Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 cited Minister for Immigration and Multicultural Affairs v Haji Ibrahim (2000) 204 CLR 1 cited Minister for Immigration and Ethnic Affairs v Guo Wei Rong (1997) 191 CLR 559 followed SFKB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 142 cited Rhandhawa v Minister for Immigration & Local Government and Ethnic Affairs (1994) 52 FCR 437 cited NALZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N1523 of 2003 MADGWICK, EMMETT & DOWNES JJ 2 DECEMBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1523 of 2003
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NALZ
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: MADGWICK, EMMETT & DOWNES JJ
DATE OF ORDER: 2 DECEMBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Insofar as leave is required to file the second amended notice of appeal, leave is refused. 2. The appeal be dismissed. 3. 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.
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