Applicant Z v Minister for Immigration & Multicultural Affairs [2001] FCA 881

FEDERAL COURT OF AUSTRALIA

Applicant Z v Minister for Immigration & Multicultural Affairs

[2001] FCA 881

MIGRATION – application for order of review of decision of Refugee Review Tribunal affirming decision of respondent's delegate not to grant a protection visa – applicant claimed fear of persecution in the form of being press-ganged into Taliban militia to fight fellow Muslims – claimed such persecution was by reason of political opinion – Tribunal rejected applicant's claims to having a political profile through his father – whether Tribunal erred in law or had fallen into jurisdictional error by not considering whether real chance that applicant as a member of a particular social group (able-bodied Afghan males) might be persecuted, by reason of such membership, by forcible conscription into the Taliban militia to fight in the civil war, there being no evidence of any law of general application.

Migration Act 1958 (Cth), s 476(1)(b), (c) and (e) Minister for Immigration and Multicultural Affairs v Yusuf and Minister for Immigration and Multicultural Affairs v Israelian [2001] HCA 30 applied Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Abebe v The Commonwealth (1999) 197 CLR 510 referred to APPLICANT Z v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 230 of 2000 CARR J 11 JULY 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 230 OF 2000

BETWEEN: APPLICANT Z

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE OF ORDER: 11 JULY 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal, made on 15 December 2000, be set aside. 2. The matter be remitted to the Tribunal, differently constituted, for consideration according to law. 3. The respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.