Syan, Ram Kumar v Refugee Review Tribunal & Anor [1995] FCA 1053

CATCHWORDS IMMIGRATION LAW - Refugees - internal flight - proper test to be applied - consideration of internal flight on assumption that other requirements satisfied not an error of law - whether permissible approach. IMMIGRATION LAW - Refugees - persecution - extortion with violence - advice that extortion common in applicant's country - whether failure to consider whether extortion amounts to persecution in circumstances. IMMIGRATION LAW - Refugees - well founded fear of persecution - objective element - proper consideration of objective basis at time of decision - relevance of advice that foundation for fear generally abated. Administrative Appeals Tribunal Act 1975 (Cth) Convention Relating to the Status of Refugees Protocol Relating to the Status of Refugees Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Immigration and Naturalisation Service v Cardoza-Fonseca (1987) 480 US 421 R v Secretary of State for the Home Department; Ex parte Sivakumaran [1988] AC 958 Minister for Immigration, Local Government and Ethnic Affairs & Anor v Mok Gek Bouy (1994) 127 ALR 223 Randhawa v Minister for Immigration, Local Government and Ethnics Affairs (1994) 52 FCR 437 RAM KUMAR SYAN v REFUGEE REVIEW TRIBUNAL AND ANOR No. NG846 of 1994 Beazley J 21 December 1995 Sydney

IN THE FEDERAL COURT OF AUSTRALIA ) ) No. NG846 of 1994 NEW SOUTH WALES DISTRICT REGISTRY ) ) BANKRUPTCY DIVISION ) RAM KUMAR SYAN Applicant MS HAYWARD, MEMBER, CONSTITUTING THE REFUGEE REVIEW TRIBUNAL First Respondent MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Second Respondent CORAM: BEAZLEY J PLACE: SYDNEY DATE: 21 December 1995 SHORT MINUTES OF ORDER The Court orders that: 1. The application be dismissed. 2. The applicant pay the second respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.