Sarker v Minister for Immigration & Multicultural Affairs [2001] FCA 190

FEDERAL COURT OF AUSTRALIA

SARKER v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS [2001] FCA 190

IMMIGRATION – Application for protection visa – review of decision of Refugee Review Tribunal refusing visa – Applicant well educated and family in Bangladesh living in favourable circumstance there - Applicant claimed to face persecution from Awami League if returned to Bangladesh by reason of active membership in Freedom Party – RRT found Applicant not a credible witness in relation to material claims and otherwise failed to establish genuine fear of persecution if returned to Bangladesh – RRT found documents allegedly produced by Applicant from Bangladesh sources not authentic or credible – RRT found evidence of Bangladesh nationals corroborating Applicant unsatisfactory – contemporary country information concerning political events and conditions in Bangladesh inconsistent with evidence of Applicant and such supporting witnesses - Court unable to interfere with findings of fact of RRT – no error of law demonstrated.

Migration Act 1958 (Cth) ss 359, 476(1)(e), 476(1)(g), 476(4)(b) Rahman v Minister for Immigration and Multicultural Affairs [2000] FCA 1277 referred to Minister for Immigration and Multicultural Affairs v Ibrahim (2000) 175 ALR 585 applied Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 applied Minister for Immigration and Multicultural Affairs v Thiyagarajah [2000] 169 ALR 515 applied Vichlenkova v Minister for Immigration and Multicultural Affairs [1999] FCA 1338 applied Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 referred to Fernando v Minister for Immigration and Multicultural Affairs [1999] FCA 962 referred to MANIRUL ISLAM SARKER v MINISTER OF IMMIGRATION AND MULTICULTURAL AFFAIRS

CONTI J 7 MARCH 2001 SYDNEY