Kaur v Minister for Immigration & Multicultural Affairs [2000] FCA 1401

FEDERAL COURT OF AUSTRALIA

Kaur v Minister for Immigration & Multicultural Affairs [2000] FCA 1401

MIGRATION – decision of Refugee Review Tribunal refusing protection visa – applicant Indian woman of Sikh faith – Tribunal accepted various factual claims – alleged that Tribunal applied Convention test to each factual claim in isolation from totality of evidence – Tribunal applied Convention test to entirety of facts as found – Tribunal found that Sikh women too diverse to constitute a social group – homogeneity amongst members not required to constituted social group – alternative reasoning

Migration Act 1958 (Cth), s 476(1)(e)

Sellamuthu v Minister for Immigration & Multicultural Affairs (1999) 90 FCR 287 referred to Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Tharmalingam v Minister for Immigration & Multicultural Affairs (unreported, Federal Court of Australia, Lindgren J, 19 May 1998) referred to Islam v Secretary of the Home Department [1999] 2 WLR 105 referred to Khawar v Minister for Immigration & Multicultural Affairs [1999] FCA 1529 referred to Applicant A v Minister for Immigration & Ethnic Affairs (1997) 190 CLR 225 referred to Minister for Immigration & Multicultural Affairs v Ndege [1999] FCA 783 referred to SATWINDER PAUL KAUR AND JAISON PREET SINGH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 463 OF 2000

MOORE J 5 OCTOBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 463 OF 2000

BETWEEN: SATWINDER PAUL KAUR

FIRST APPLICANT

AND: JAISON PREET SINGH

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 5 OCTOBER 2000

WHERE MADE: SYDNEY