Caseem v Minister for Immigration & Multicultural Affairs [2000] FCA 976

FEDERAL COURT OF AUSTRALIA

Caseem v Minister for Immigration & Multicultural Affairs [2000] FCA 976 MIGRATION – refugee – protection visa – review of a decision of the Refugee Review Tribunal – well‑founded fear of persecution – "real chance" test of being subjected to persecution – whether finding of implausibility of evidence is inconsistent with "real chance" test – effect of finding that applicant not credible witness – need to ask "What if I am wrong?". Migration Act 1958 (Cth): ss 430, 476(1) Sellamuthu v Minister for Immigration & Multicultural Affairs (1999) 90 FCR 287 referred to Re: Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 referred to Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Minister for Immigration & Multicultural Affairs v Rajalingam [1999] FCA 719 referred to AMEEN MOHAMED CASEEM v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 29 of 2000 GOLDBERG J MELBOURNE 21 JULY 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 29 of 2000

BETWEEN: AMEEN MOHAMED CASEEM

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 21 JULY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The amended application is dismissed. 2. The applicant pay the respondent's costs including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 29 of 2000

BETWEEN: AMEEN MOHAMED CASEEM

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: GOLDBERG J

DATE: 21 JULY 2000

PLACE: MELBOURNE

REASONS FOR JUDGMENT Introduction 1 The applicant is a citizen of Sri Lanka who arrived in Australia on 31 December 1995. On 30 June 1997 he lodged an application for a protection visa pursuant to the Migration Act 1958 (Cth) ("the Act"). A delegate of the Minister for Immigration and Multicultural Affairs ("the Minister") refused to grant the applicant a protection visa on 17 December 1997. An application for review to the Refugee Review Tribunal was filed on 19 January 1998 and a hearing before the Tribunal was held on 23 August 1999. 2 The applicant applies to the Court pursuant to Pt 8 of the Act to review the decision of the Tribunal made on 23 December 1999. The Tribunal found that the applicant is not a person to whom Australia has protection obligations under the United Nations Convention relating to the Status of Refugees 1951 as amended by the 1967 Protocol relating to the Status of Refugees ("the Convention"). The Tribunal affirmed the decision of the delegate of the Minister not to grant the applicant a protection visa.