Boguslavskis v Minister for Immigration & Multicultural Affairs [1999] FCA 596

FEDERAL COURT OF AUSTRALIA

BOGUSLAVSKIS v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS [1999] FCA 596 MIGRATION – Refugee Review Tribunal found that the applicant did not have a well founded fear of persecution – whether Tribunal erroneously interpreted test as requiring systematic violation of human rights - whether applicant suffered persecution when penalised for using his native language in his business Migration Act 1958 ss 36(2), 476(1)(e)

Ibrahim v Minister for Immigration and Multicultural Affairs (Full Court, unreported, 9 April 1999) considered Minister for Immigration and Multicultural Affairs v Hamad (Full Court, unreported, 26 March 1999) considered Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 considered Mohamed v Minister for Immigration and Multicultural Affairs (1998) 83 FCR 234 considered Murugasu v Minister for Immigration and Ethnic Affairs (Wilcox J, unreported, 28 July 1987) considered Abdalla v Minister for Immigration and Multicultural Affairs (1998) 51 ALD 11 cited Chopra v Minister for Immigration and Multicultural Affairs (Full Court, unreported, 23 April 1999) followed Applicant A and Another v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 followed ERNEST BOGUSLAVSKIS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

NG 1110/98 OF 1998

MATHEWS J

12 MAY 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1110/98 OF 1998

BETWEEN: ERNEST BOGUSLAVSKIS

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: MATHEWS J

DATE OF ORDER: 12 MAY 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The appeal be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.