Minister for Immigration & Multicultural Affairs v Shaibo [2000] FCA 600

FEDERAL COURT OF AUSTRALIA

Minister For Immigration & Multicultural Affairs v Shaibo [2000] FCA 600

IMMIGRATION – protection visa – application for review of decision of Refugee Review Tribunal – Sri Lankan Tamil voluntarily joins police force – sent to north of country to fill void left by departing armed forces – deserts police force because of fear for his life and because appalled at torture, murder and rape committed by some members of police force – upon return to Sri Lanka, would be offered amnesty upon terms requiring him to resume service in north of country – whether fear of persecution on Convention ground made out – whether Tribunal erred in law in concluding that applicant before it (present respondent) feared persecution on Convention ground. Migration Act 1958 (Cth) s 476(1)(e) Murillo-Nunez v Minister for Immigration and Ethnic Affairs (1995) 63 FCR 150, cited Timic v Minister for Immigration and Multicultural Affairs [1998] FCA 1750, cited Mijoljevic v Minister for Immigration and Multicultural Affairs [1999] FCA 834, cited Mehenni v Minister for Immigration and Multicultural Affairs (1999) 164 ALR 192, cited MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v MOHAMED ELIYAS CADER MEERA SHAIBO N 979 OF 1999 LINDGREN J 10 MAY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 979 OF 1999

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

APPLICANT

AND: MOHAMED ELIYAS CADER MEERA SHAIBO

RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 10 MAY 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal made on 13 August 1999 in proceeding N 97/20520 be set aside and the matter to which that decision related be referred to the Refugee Review Tribunal for further consideration and decision in accordance with law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.