Minister for Immigration & Multicultural & Indigenous Affairs v SZFDJ [2006] FCAFC 53

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v SZFDJ [2006] FCAFC 53 IMMIGRATION - Refugee Review Tribunal – jurisdictional error – claim of well-founded fear of persecution by reason of membership of a social group (male homosexuals) in Bangladesh – Tribunal's conclusion based on identification of two sub-groups of homosexuals in Bangladesh and assignment of visa applicant to one of those groups – failure to advert to one of two sources of country information which distinguished between the sub-groups – whether denial of procedural fairness Applicant A169 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 8 Minister for Immigration & Multicultural & Indigenous Affairs v VOAO [2005] FCAFC 50 SFGB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 231 SZBOV v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1407 SJSB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 225 Paul v Minister for Immigration & Multicultural Affairs (2001) 113 FCR 396 MZWBW v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 94 Kioa v West (1985) 159 CLR 550 VEAL of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 222 ALR 411 Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 82 Stead v State Government Insurance Commission (1986) 161 CLR 141

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS -v- SZFDJ and REFUGEE REVIEW TRIBUNAL

NSD 925 of 2005

RYAN, TAMBERLIN and MANSFIELD JJ

28 APRIL 2006

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 925 of 2005

On appeal from a Judge of the Federal Court of Australia

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS