Duzdiker v Minister for Immigration & Multicultural Affairs [2000] FCA 390

FEDERAL COURT OF AUSTRALIA

Duzdiker v Minister For Immigration & Multicultural Affairs [2000] FCA 390 IMMIGRATION – application for review of decision of Refugee Review Tribunal – whether Tribunal applied a mistaken meaning of "persecution" – degree of harm required to constitute persecution – course of selective harassment – whether relocation of the applicant would amount to an unreasonable denial of fundamental rights. Migration Act 1968 (Cth), s 476(1)(e) United National Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984, Art 1(1) Abdalla v Minister for Immigration and Multicultural Affairs (1998) 51 ALD 11, applied Applicant A v Minister for Immigration and Ethnic Affairs (1998) 190 CLR 225, applied Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, applied Collector of Customs v Pozzolanic (1993) 43 FCR 280, applied Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, applied Montes-Granados v Minister for Immigration and Multicultural Affairs [2000] FCA 60, applied Hathaway The Law of Refugee Status 1991 ALI DUZDIKER v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 310 of 1999

MADGWICK J 31 MARCH 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 310 OF 1999

BETWEEN: ALI DUZDIKER

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 31 MARCH 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application is dismissed.

2. The parties are to pay their own costs.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 310 OF 1999

BETWEEN: ALI DUZDIKER

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS