De Leon v Minister for Immigration & Multicultural Affairs [1999] FCA 52

FEDERAL COURT OF AUSTRALIA

De Leon v Minister for Immigration and Multicultural Affairs [1999] FCA 52

IMMIGRATION – review – natural justice – whether the Tribunal must provide legal materials to the applicant – whether incorrect application of law to the facts – whether harm feared by the applicant was for a Convention reason – what constitutes being a member of a particular social group or holding a political opinion – whether being associated with criminal activities constitutes membership of a particular social group – whether anti-drug beliefs constitute holding a political opinion.

Migration Act 1958 Chan Ye Kin v Minister of Immigration and Ethnic Affairs cited Applicant A and Another v Minister of Immigration and Ethnic Affairs and Another (1997) 142 ALR 331 cited Thalary v Minister for Immigration and Ethnic Affairs (Mansfield J, 4 April 1997, unreported) cited Magyari v Minister of Immigration and Multicultural Affairs (O'Loughlin J, 22 May 1997, unreported) cited Velmurugu and Another v Minister for Immigration and Multicultural Affairs and Another (1997) 44 ALD 253 cited

Eshetu v Minister of Immigration and Ethnic Affairs (1997) 142 ALR cited

MINNETTE DE LEON v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 814 OF 1998 HILL J 3 FEBRUARY 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 814 OF 1998

BETWEEN: MINNETTE DE LEON

Applicant

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

Respondent

JUDGE: HILL J

DATE OF ORDER: 3 FEBRUARY 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the Minister's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.