Hellman v Minister for Immigration & Multicultural Affairs [2000] FCA 645

FEDERAL COURT OF AUSTRALIA

Hellman v Minister for Immigration & Multicultural Affairs [2000] FCA 645 MIGRATION – Migration Act 1958 (Cth) – meaning of 'persecution' – significance of availability of state protection – usefulness of identification of a 'bare causal connection' – proper approach to identification of reason for persecution Migration Act 1958 (Cth) 1951 Convention relating to the Status of Refugees as amended by the 1967 Protocol relating to the Status of Refugees

Jahazi v MIEA (1995) 61 FCR 293 Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 Islam v Secretary of State for The Home Department [1999] 2 WLR 1015 Khawar v Minister for Immigration and Multicultural Affairs (1999) 168 ALR 190 Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565 Minister for Immigration and Multicultural Affairs v Sarrazola (1999) 166 ALR 641 Kanagasbai v Minister for Immigration and Multicultural Affairs [1999] FCA 205 Okere v Minister for Immigration and Multicultural Affairs (1998) 87 FCR 112 March v E. & M.H. Stramare Pty Limited (1991) 171 CLR 506 Chen Shi Hai v Minister for Immigration and Multicultural Affairs [2000] HCA 19

Professor Hathaway, The Law of Refugee Status, Butterworths, 1999 Grahl-Madsen A., The Status of Refugees in International Law, A.W. Sijthoff – Leyden, 1996 DAVID ARYEH HELLMAN v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1056 of 1999

BRANSON J SYDNEY 17 MAY 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1056 of 1999

BETWEEN: DAVID ARYEH HELLMAN

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: BRANSON J

DATE OF ORDER: 17 MAY 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. That the decision of the Refugee Review Tribunal be affirmed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.