Lal, Shri Kkrishan v Minister for Immigration & Ethnic Affairs [1996] FCA 852

CATCHWORDS ADMINISTRATIVE LAW - review of decision of Refugee Review Tribunal - whether evidence to justify decision IMMIGRATION - Refugees - Applicant a Fijian of Indian origin - applicant subjected to minor instances of racial violence on the street and when observing religious practices - inadequate police protection - whether occasional harassment compounded by police inaction amounts to persecution Migration Act 1958 (Cth): s 475 Chan Yee Kim v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Minister for Immigration and Ethnic Affairs v Wu (1996) 136 ALR 481 Nguyen Thanh Trang v Minister for Immigration & Ethnic Affairs (Federal Court of Australia, Merkel J, 2 August 1996, unreported) Santa Sabina College v Minister for Education (1985) 58 ALR 527 Yesus v Minister for Immigration and Ethnic Affairs (Federal Court of Australia, Madgwick J, 9 July 1996, unreported) SHRI KKRISHAN LAL V MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS G 924 of 1995 CORAM: MADGWICK J PLACE: SYDNEY DATE: 24 SEPTEMBER 1996

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION No. G 924 of 1995 BETWEEN SHRI KKRISHAN LAL Applicant AND MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent CORAM: MADGWICK J PLACE: SYDNEY DATE: 24 SEPTEMBER 1996 MINUTES OF ORDER THE COURT DECLARES THAT The decision of the Refugee Review Tribunal constituted an error of law; THE COURT ORDERS THAT 2. The matter be remitted to the Refugee Review Tribunal to be decided according to law; 3. The respondent pay two-thirds of the applicant's costs.

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION No. G 924 of 1995 BETWEEN SHRI KKRISHAN LAL Applicant AND MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent CORAM: MADGWICK J PLACE: SYDNEY DATE: 24 SEPTEMBER 1996 REASONS FOR JUDGMENT MADGWICK J: The Applicant, Mr Lal, an Indian-Fijian, arrived in Australia from Fiji on 29 November 1991 on a visitor's visa. Since 29 May 1992, when his temporary permit finally expired, he has remained in Australia illegally.