Balan v Minister for Immigration & Multicultural Affairs [2000] FCA 384

FEDERAL COURT OF AUSTRALIA

Balan v Minister for Immigration & Multicultural Affairs [2000] FCA 384 MIGRATION – appeal from decision of primary judge dismissing application to review decision of Refugee Review Tribunal – application for protection visa – claim of well-founded fear of persecution –whether security measures designed to protect general public constitute persecution – whether facts justified inference that applicant was not at risk of persecution – whether primary judge erred in concluding that there was no evidence that applicant would be singled out for discrimination Migration Act 1958 (Cth) - ss 36, 476 Administrative Decisions (Judicial Review) Act 1977 (Cth) Applicant A v Minister for Immigration and Multicultural Affairs (1997) 190 CLR 225 Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 Arudselvan v Minister for Immigration & Multicultural Affairs [1999] FCA 622 Balan v Minister for Immigration & Multicultural Affairs [1999] FCA 827 KOHILARATNAM BALAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS D 14 OF 1999

DRUMMOND, DOWSETT & KATZ JJ 31 MARCH 2000 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY D 14 OF 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: KOHILARATNAM BALAN

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: DRUMMOND, DOWSETT & KATZ JJ

DATE OF ORDER: 31 MARCH 2000

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY D 14 OF 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA