Win v Minister for Immigration & Multicultural Affairs [2001] FCA 132

FEDERAL COURT OF AUSTRALIA

Win v Minister for Immigration & Multicultural Affairs [2001] FCA 132 IMMIGRATION – application for review of decision of Refugee Review Tribunal ("the Tribunal") – applicants claimed to be involved in clandestine anti-government activities – Tribunal found that authorities unaware of clandestine activities and therefore applicants would not be punished on return – Tribunal failed to consider whether restrictions on free expression of political opinion may amount to persecution in itself – persecution not merely punishment – persecution may take form of denial of civil rights if it would offend a real aspiration so held as to be integral to the human dignity of an asylum seeker.

WORDS & PHRASES – "persecution"

Migration Act 1958 (Cth), s 476(1)(e) Convention Relating to the Status of Refugees 1951 as amended by the 1967 Protocol Relating to the Status of Refugees

Chan v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379, applied "Applicant LSLS" v Minister for Immigration & Multicultural Affairs [2000] FCA 211, applied Minister for Immigration & Multicultural Affairs v Zheng [2000] FCA 50, applied Minister for Immigration & Multicultural Affairs v Ibrahim (2000) 175 ALR 585, applied Sellamuthu v Minister for Immigration & Multicultural Affairs (1999) 90 FCR 287, applied Reg v Immigration Appeal Tribunal, Ex parte Shah [1999] 2 WLR 1015, cited U WIN AND ANOR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 228 OF 2000

MADGWICK J SYDNEY 23 FEBRUARY 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 228 OF 2000

BETWEEN: U WIN

FIRST APPLICANT

MA WIN WIN

SECOND APPLICANT

AND: MINSTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MADGWICK J