Aksahin V Minister for Immigration and Multicultural Affairs [2000] FCA 1570

FEDERAL COURT OF AUSTRALIA

Aksahin v Minister for Immigration & Multicultural Affairs [2000] FCA 1570

IMMIGRATION – application for a protection visa – Turkish national – Kurdish ethnicity – unwillingness to comply with general requirement for compulsory military service – military service involving possible action against persons of Kurdish extraction – whether penalties of general application for non-compliance could constitute persecution for a Convention reason – conscientious objection based upon ethnicity – whether law of general application capable of giving rise to persecution for a Convention reason – alleged failure of Tribunal to make findings of material fact relating to discriminatory treatment of law breakers – application dismissed.

Migration Act 1958 (Cth) s 430, s476(1)(a)

Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 applied

Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 170 ALR 553 applied

Mehenni v Minister for Immigration and Multicultural Affairs (1999) 164 ALR 192 cited

Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 followed

MUSTAFA AKSAHIN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

W42 of 2000

FRENCH J

3 NOVEMBER 2000

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W42 OF 2000

BETWEEN: MUSTAFA AKSAHIN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 3 NOVEMBER 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The Applicant is to pay the Respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA