Gersten v Minister for Immigration & Multicultural Affairs [1999] FCA 1768

FEDERAL COURT OF AUSTRALIA

Gersten v Minister for Immigration & Multicultural Affairs [1999] FCA 1768 MIGRATION – application for refugee status in Australia – application for review of decision of Refugee Review Tribunal affirming deemed decision not to grant protection visa – whether well-founded fear of persecution for reasons of political opinion – whether Tribunal made finding of fact on question whether applicant had been investigated by State Attorney's office for reasons of political opinion – whether conduct of person for a Convention reason must be sole cause of another's persecution – whether "but for" test of causation sufficient in refugee context – whether no causal connection between conduct and suffering of persecution by reason of unreasonable action by person persecuted – whether Tribunal failed to consider claim that State Attorney's office had procured correctional authorities to detain applicant in adversely discriminatory conditions – whether Tribunal committed reviewable error by stating that persecution means "serious or significant harm". Migration Act 1958 (Cth), ss 5, 36, 475(1)(b), 486 Zuway v Minister for Immigration and Multicultural Affairs (1998) 160 ALR 391, discussed X v Minister for Immigration and Multicultural Affairs [1999] FCA 697 (unreported; 3 June 1999; Hill, Whitlam and Kiefel JJ; reasons confidential), cited Jahazi v Minister for Immigration and Ethnic Affairs (1995) 61 FCR 293, discussed Okere v Minister for Immigration and Multicultural Affairs (1998) 157 ALR 678, discussed Z v Minister for Immigration and Multicultural Affairs (unreported; 11 December 1998; Katz J), discussed Minister for Immigration and Multicultural Affairs v Abdi (1999) 162 ALR 105, cited Chen Shi Hai v Minister for Immigration and Multicultural Affairs (unreported; 5 June 1998; French J), discussed Minister for Immigration and Multicultural Affairs v Chen Shi Hai [1999] FCA 381 (unreported; 13 April 1999; O'Loughlin, Carr and RD Nicholson JJ), discussed Chappel v Hart (1998) 195 CLR 232, discussed Kanagasabi v Minister for Immigration & Multicultural Affairs [1999] FCA 205 (unreported; 10 March 1999; Branson J), not followed Prasad v Minister for Immigration and Ethnic Affairs (unreported; 4 April 1997; Burchett J), followed MMM v Minister for Immigration and Multicultural Affairs (unreported; 22 December 1998; Madgwick J), followed Shetty v Minister for Immigration and Multicultural Affairs [1999] FCA 1601 (unreported; 18 November 1999; Branson J), cited