SZDWR v Minister For Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 36

FEDERAL COURT OF AUSTRALIA

SZDWR v Minister For Immigration & Multicultural & Indigenous Affairs [2006]FCAFC 36 IMMIGRATION – judicial review – protection visa – appellants claimed fear of persecution by Liberation Tigers of Tamil Eelam ("LTTE") – claim of fear of persecution of Sri Lankan on ground of race (Tamil) – inadequate police protection – refugee Review Tribunal found appellants could be protected by state authorities and did not have well-founded fear of persecution – whether leave to raise new ground of appeal should be granted – persecution by "rogue" state officials – police inaction – Sri Lankans fearing LTTE and extortion by police – appellants subjected to instances of violence by the LTTE – avenues of protection which are available to the appellants

Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 cited H v Minister for Immigration [2000] FCA 1348 cited Horvath v Secretary of State for the Home Department [2001] 1 AC 489 referred to Minister for Immigration and Multicultural Affairs v Kandasamy [2000] FCA 67 cited Minister for Immigration and Multicultural and Indigenous Affairs v Respondents S152/2003 [2004] 205 ALR 487 cited NAWN v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 328 affirmed Svazas v Secretary of State for the Home Department [2002] 1 WLR 1891 followed SZDWR & Anor v Minister for Immigration & Anor [2005] FMCA 860 cited VRAW v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1133 not followed

JC Hathaway, The Law of Refugee Status,Butterworths, Canada, 1991

SZDWR AND SZDWS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL

NSD 1166 OF 2005

HEEREY, KIEFEL & BENNETT JJ 21 MARCH 2006 MELBOURNE (HEARD IN SYDNEY)

IN THE FEDERAL COURT OF AUSTRALIA