Minister for Immigration & Multicultural Affairs v Ndege [1999] FCA 783

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Ndege [1999] FCA 783 IMMIGRATION – refugee status – well-founded fear of being persecuted – situation where violence feared motivated by desire for revenge by claimant's husband – persecution for Convention related reason – whether source of persecution must be identified – whether failure of State to protect claimant from non Convention related persecution renders State complicit in Convention related persecution – whether "married women in Tanzania" particular social group.

Migration Act 1958 (Cth), s 36, Pt 8 Migration Regulations 1994, Pt 866 of Schd 2 Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 at 243, 258-9, 263-4 applied Canada (Minister of Employment & Immigration) v Mayers (1992) 97 DLR (4th) 729 referred to Morato v Minister for Immigration and Local Government and Ethnic Affairs (1992) 39 FCR 401 at 404-6, 416 referred to Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565 at 568-9 applied Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 at 388 referred to Hui Quin Li v Minister for Immigration and Ethnic Affairs [1999] FCA 751 referred to Osland v The Queen (1998) 159 ALR 170 referred to Surujpaul v The Queen [1958] 1 WLR 1050 referred to Walsh v Sainsbury (1925) 36 CLR 464 at 477 referred to Mallan v Lee (1949) 80 CLR 198 at 205, 210 referred to Islam v Secretary of State for the Home Department (unreported, House of Lords, 25 March 1999) referred to Thalary v Minister for Immigration and Ethnic Affairs (1997) 73 FCR 437 referred to Minister for Immigration and Multicultural Affairs v Chen Shi Hai (an infant) by his next friend Chen Ren Bing [1999] FCA 381 referred to

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v DEVOTA FORTUNATA NDEGE VG 190 of 1998 WEINBERG J 11 JUNE 1999 MELBOURNE