Nouredine v Minister for Immigration & Multicultural Affairs [1999] FCA 1130

FEDERAL COURT OF AUSTRALIA

Nouredine v Minister for Immigration & Multicultural Affairs [1999] FCA 1130 MIGRATION – Refugees – right to genuine hearing – whether persons following the occupation of beautician, viewed by Muslim extremists as immoral, constituted "a particular social group" – circumstances in which, though applicants failed, their application was a "bona fide resort to rights" under the Convention which should not incur costs (Ahnee v Director of Public Prosecutions [1999] 2 WLR 1305 at 1315 applied).

Migration Act 1958 (Cwth), ss 425, 476

Minister for Immigration and Multicultural Affairs v Zamora (1998) 51 ALD 1 distinguished Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565 applied Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 distinguished Abebe v Commonwealth of Australia (1999) 162 ALR 1 applied Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 applied Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (Lindgren J, 6 May 1997, unreported) applied Sook Rye Son v Minister for Immigration and Multicultural Affairs (1999) 86 FCR 584; 161 ALR 612 applied Sanchez v Minister for Immigration & Multicultural Affairs [1999] FCA 265 referred to Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 referred to Ahnee v Director of Public Prosecutions [1999] 2 WLR 1305 applied Shelton v Repatriation Commission (1999) 85 FCR 587 applied

CHENINA NOUREDINE & ANOR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 155 of 1999 Burchett J 18 August 1999 Sydney

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 155 of 1999

BETWEEN: CHENINA NOUREDINE

First Applicant

FADIA CHERIF

Second Applicant