Islam v Minister for Immigration & Multicultural Affairs [2001] FCA 525

FEDERAL COURT OF AUSTRALIA

Islam v Minister for Immigration & Multicultural Affairs [2001] FCA 525

IMMIGRATION – review of decision of Refugee Review Tribunal ("the Tribunal") - applicant for refugee status alleged political activity over a number of years – Tribunal did not consider whether applicant could not express his political opinion safely if returned and whether political expression was central to his being – Tribunal's findings did not negate those possibilities – persecution may in some circumstances taken the form of denial of civil rights such as political expression – circumstances may give rise to a requirement on Tribunal to consider ability of applicant to exercise certain civil rights. Migration Act 1958 (Cth), ss 476(1)(c), 476(1)(e) Abebe v Commonwealth (1999) 197 CLR 510, referred to Win v Minister for Immigration & Multicultural Affairs [2001] FCA 132, applied Sellamuthu v Minister for Immigration & Multicultural Affairs (1999) 90 FCR 287, cited Sinclair v Maryborough Mining Warden (1975) 132 CLR 473, cited Cho v Minister for Immigration & Multicultural Affairs [1998] FCA 1663, referred to Oo v Minister for Immigration & Multicultural Affairs [2001] FCA 348, referred to KAZI ROBIUL ISLAM v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N1029 of 2000 MADGWICK J 4 MAY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1029 of 2000

BETWEEN: KAZI ROBIUL ISLAM

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 4 MAY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be allowed. 2. The decision of the Refugee Review Tribunal given on 17 August 2000 be set aside and the matter be remitted back to the Refugee Review Tribunal, differently constituted, for determination according to law. 3. The respondent pay the applicant's costs.