Israelian, Oganes v The Minister for Immigration & Multicultural Affairs [1998] FCA 447

FEDERAL COURT OF AUSTRALIA CITIZENSHIP AND MIGRATION - protection visa - Armenian citizen - objection to military service in Nagorno‑Karabakh war - absence of conscientious objection conceded - whether Tribunal failed to consider applicant was a member of particular social group of deserters and draft evaders - whether Tribunal wrongly concluded applicant had well-founded fear of persecution based on political opinion - whether Tribunal failed to appreciate conscientious objection may not be a necessary element in the establishment of such a fear - whether Tribunal took a mistaken view of the evidence. Migration Act 1958(Cth), ss 420(2)(b), 430(1), 476(1)(a), 476(1)(e) Migration Regulations Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402, followed Epeabaka v Minister for Immigration and Multicultural Affairs (1997) 150 ALR 397, referred to Applicant A v Minister for Immigration and Ethnic Affairs (1996) 142 ALR 331, followed OGANES ISRAELIAN v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 516 of 1997 R D NICHOLSON J PERTH (HEARD IN MELBOURNE) 1 MAY 1998

GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 516 of 1997

BETWEEN: OGANES ISRAELIAN

Applicant

AND: Minister for Immigration and Multicultural Affairs

Respondent

JUDGE: R D NICHOLSON J

DATE OF ORDER: 1 May 1998

WHERE MADE: PERTH (heard in melbourne)

THE COURT ORDERS THAT: 1. The application for review be allowed. 2. The Tribunal's decision be set aside. 3. The matter be referred to the Tribunal to determine whether the applicant had a well founded fear of being persecuted for the reason of membership of a particular social group. 4. The respondent pay the applicant's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.