MMM v Minister for Immigration & Multicultural Affairs [1998] FCA 1664

FEDERAL COURT OF AUSTRALIA

IMMIGRATION – review of decision of Refugee Review Tribunal – homosexual applicant has well-founded fear that family would disown him because of his homosexuality – not persecution for Convention reason – familial pressure to marry not "for reasons of" membership of social group constituting homosexuals – homosexual intercourse made criminal under Bangladeshi law – whether existence of discriminatory criminal law amounts to persecution – likelihood of police harassment not "for reason of" membership of particular social group and/or not persecution because of lack of an "official" character Migration Act 1958 (Cth), ss 476(1)(a), (e), 420(2)(b) Applicant A v Minister for Immigration and Ethnic Affairs (1997) 142 ALR 331, referred to Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379, referred to Z v Minister for Immigration and Multicultural Affairs (unreported, Federal Court of Australia, Katz J, 11 December 1998), referred to Ram v Minister for Immigration and Multicultural Affairs (1995) 57 FCR 565, referred to MMM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

NG 525 of 1998

MADGWICK J SYDNEY 22 DECEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 525 of 1998

BETWEEN: MMM

Applicant

AND: Minister for Immigration and Multicultural Affairs

Respondent

JUDGE(S): MADGWICK

DATE OF ORDER: 22 DECEMBER 1998

WHERE MADE: SYDNEY

SHORT MINUTES OF ORDER

THE COURT ORDERS THAT: 1. The proceedings be re-entitled to describe the applicant as MMM. 2. The application is dismissed. 3. The applicant is to pay the respondent's costs.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 525 of 1998

BETWEEN: MMM

Applicant