Singh v Minister for Immigration and Multicultural Affairs [2000] FCA 1704

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration & Multicultural Affairs [2000] FCA 1704 MIGRATION - application for review - applicant claimed that he was a refugee on the basis he would face persecution if he was returned to India because he is homosexual - alleged failure to apply "the real chance" test. MIGRATION - relevance of state of law in India - Indian Penal Code criminalises homosexual behaviour, namely sodomy or aiding and abetting sodomy, by "draconian provisions" - applicant submitted that it must follow from the state of the law in India that he has a well-founded fear of persecution throughout India for reasons of his homosexuality. MIGRATION - relocation - claim that the Tribunal failed to consider whether the applicant could relocate within India in accordance with the principles explained in Randhawa v Minister for Immigration Local Government and Ethnic Affairs (1994) 52 FCR 437. Migration Act 1958 (Cth) s 36(2) and s 65(1) Minister for Immigration and Multicultural Affairs v Gui [1999] FCA 1496 distinguished "Applicant LSLS" v Minister for Immigration and Multicultural Affairs [2000] FCA 211 referred to Minister for Immigration and Multicultural Affairs v "B" [2000] FCA 930 distinguished Minister for Immigration and Multicultural Affairs v Guan [2000] FCA 1033 distinguished MMM v Minister for Immigration and Multicultural Affairs [1998] 90 FCR 324 followed Randhawa v Minister for Immigration Local Government and Ethnic Affairs (1994) 52 FCR 437 considered Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Singh v Minister for Immigration and Multicultural Affairs [2000] FCA 1014 referred to Minister for Immigration and Multicultural Affairs v Jang [2000] FCA 1075 followed SATINDER PAL SINGH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 55 OF 2000 MANSFIELD J 27 NOVEMBER 2000 ADELAIDE