Naz v Minister for Immigration & Multicultural Affairs [1999] FCA 97

FEDERAL COURT OF AUSTRALIA

Naz v Minister for Immigration & Multicultural Affairs

[1999] FCA 97

IMMIGRATION – refugee application – review of decision of Refugee Review Tribunal – claim of well-founded fear of persecution on basis of membership of a group comprising Muslim women who speak out against the oppression of Muslim women in Bangladesh or who do not follow accepted codes of behaviour, or both – applicant's family part of very wealthy elite in relative terms – father murdered by large band of robbers in applicant's presence – applicant subsequently received threats to dissuade her from giving evidence – applicant physically attacked by group which included some involved in father's murder – attack in class when teaching local Muslim women – applicant ceased teaching activities – Tribunal found threats to applicant designed to deter her from giving evidence, not for a Convention reason – thereafter applicant continued role in running family business – Tribunal did not accept certain aspects of applicant's evidence – Tribunal found no real chance of persecution if applicant returned to Bangladesh – also found it would be reasonable for applicant to relocate to Dhaka City – whether error of law.

Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300 followed Minister for Immigration and Ethnic Affairs v Guo (1997) 144 ALR 567 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to

FARHANA NAZ, SALEQUE RAHMAN and RAFIYA NAZ v.

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

No N4 of 1999

CARR J PERTH 10 FEBRUARY 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 4 of 1999

BETWEEN: FARHANA NAZ, SALEQUE RAHMAN and

RAFIYA NAZ

Applicant

AND: MINISTER FOR IMMIGRATION AND