Minister for Immigration & Multicultural Affairs v B [2000] FCA 930

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v B

[2000] FCA 930 IMMIGRATION – Application for review of decision of Refugee Review Tribunal – Claim for protection visas by two Bangladeshi nationals – Applicants claimed to be refugees on the basis of fear of persecution by reason of perceived political opinion and membership of a particular social group – One applicant was the nephew of an active opponent of Bangladesh's governing political party - Tribunal accepted there was a real risk of persecution of this applicant by reason of the uncle's activities – The Tribunal found the two visa applicants were in a stable homosexual relationship – Tribunal accepted that, if both applicants returned to Bangladesh, the second applicant was at risk, because of his relationship to the first applicant, of persecution on account of perceived political opinion – Tribunal found that, if the two applicants returned to Bangladesh, there would be pressure on them to marry, so causing a disruption of their relationship; and held this was persecution on account of their membership of a particular social group (homosexuals) – Tribunal did not consider what would be the position if one applicant returned to Bangladesh and the other did not – Whether this was an error of law. PRACTICE – Competency of application - Effect of joinder of unnecessary party – Whether rights to relief against both parties arose out of "the same … series of transactions"

Migration Act 1958, s478 Federal Court Rules, Order 6 rule 2. Migration Regulations, regs 1.12, 1.15A and 866.211

Payne v Young (1980) 145 CLR 609 distinguished Yong v Minister for Immigration and Multicultural Affairs (1997) 75 FCR 155 referred to Rishmawi v Minister for Immigration and Multicultural Affairs [1999] FCA 611 followed