Barskaia v Minister for Immigration & Multicultural Affairs [1999] FCA 606

FEDERAL COURT OF AUSTRALIA

BARSKAIA v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS [1999] FCA 606 MIGRATION – Refugee Review Tribunal found that the applicant did not have a well founded fear of persecution – whether Tribunal erroneously interpreted test as requiring a course of systematic violation of human rights – evidence that applicant had been assaulted in her country of origin – whether Tribunal's failure to expressly address question of whether attacks were inflicted for a Convention reason amounted to a breach of s 430 Migration Act 1958 ss 36(2), 430, 476(1)(a), 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 SVETLANA BARSKIA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 776 OF 1998 MATHEWS J 12 MAY 1999

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 776 OF 1998

BETWEEN: SVETLANA BARSKAIA

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: MATHEWS J

DATE OF ORDER: 12 MAY 1999

WHERE MADE: SYDNEY