Ali, Ersad v Minister for Immigration & Ethnic Affairs [1995] FCA 1003

CATCHWORDS CITIZENSHIP and MIGRATION - refugees - whether well-founded fear of persecution - policy of affirmative action in favour of one racial group - whether denial of employment to another racial group. Migration Act 1958, s22AA Chen Ru Mei v Minister for Immigration and Ethnic Affairs (1995) 130 ALR 405 ERSAD ALI v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS No. NG 28 of 1995 Coram:Whitlam J Place: Sydney Date: 13 December 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 28 of 1995 ) GENERAL DIVISION ) ERSAD ALI Applicant MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent Coram:Whitlam J Place: Sydney Date: 13 December 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 28 of 1995 ) GENERAL DIVISION ) ERSAD ALI Applicant MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent Coram:Whitlam J Place: Sydney Date: 13 December 1995 REASONS FOR JUDGMENT On 1 September 1994 a delegate of the respondent determined that the applicant was not a refugee. This is an application under the Administrative Decisions (Judicial Review) Act 1977 to review that decision. The decision was made under s 22AA of the Migration Act 1958. That Act provided that the term "refugee" had the same meaning as in the Convention Relating to the Status of Refugees, done at Geneva on 28 July 1951, as amended by the Protocol Relating to the Status of Refugees, done at New York on 31 January 1967 ("the Convention"). Under the Convention a refugee is a person who "owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country."