VNAY v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 96

FEDERAL COURT OF AUSTRALIA

VNAY v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 96 MIGRATION – Appeal from Federal Magistrates Court – appellant applied for a protection visa based on fear of persecution for political opinion – whether knowledge that loaned vehicle was used for political propaganda was capable of constituting political opinion – where relevant fear is of persecution by a non-state political figure – where fear arose from a threat unrelated to Convention grounds and appellant would be afforded State protection – appeal dismissed. Plaintiff S157/2002 v The Commonwealth of Australia (2003) 211 CLR 476 – followed Ranwalage v Minister for Immigration and Multicultural Affairs (1998) 90 FCR 173 - distinguished V v Minister for Immigration and Multicultural Affairs [1999] FCA 428 – referred to Zheng v Minister for Immigration and Multicultural Affairs [2000] FCA 670 - cited VNAY v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS V 1245 OF 2004 HILL, FINN & KENNY JJ 13 MAY 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1245 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: VNAY

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: HILL, FINN & KENNY

DATE OF ORDER: 13 MAY 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal from the Federal Magistrate be 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.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1245 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: VNAY