H v Minster for Immigration and Multicultural Affairs [2000] FCA 1605

FEDERAL COURT OF AUSTRALIA

'H' v Minister for Immigration & Multicultural Affairs [2000] FCA 1605

IMMIGRATION – application for a Protection Visa – Burmese national involved in anti‑government demonstrations in 1988 – arrest and incarceration – allegation of torture – claims of continuing surveillance and harassment by military intelligence - claims of ongoing involvement with anti-government party – claims largely disbelieved by Refugee Review Tribunal – applicant found to have low political profile – applicant over-stated political involvement – of no current interest to Burmese authorities – application for Protection Visa refused – positive finding that applicant arrested in 1988 – no finding as to torture – whether failure to make finding as to torture is failure to find a material fact – in the circumstances not material – application dismissed. Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 845 'H' V MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W157 OF 1999 JUDGE: FRENCH J

DATE OF ORDER: 10 NOVEMBER 2000

WHERE MADE: PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W157 OF 1999

BETWEEN: 'H'

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 10 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

WESTERN AUSTRALIA DISTRICT REGISTRY W157 OF 1999

BETWEEN: 'H'

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE: 10 NOVEMBER 2000