Kabir v Minister for Immigration & Multicultural Affairs [2001] FCA 968

FEDERAL COURT OF AUSTRALIA

Kabir v Minister for Immigration & Multicultural Affairs [2001] FCA 968 MIGRATION – refugees – application for review of decision of Refugee Review Tribunal affirming decision to refuse protection visas to two Bangladeshi homosexual partners – alleged well-founded fear of persecution for reason of membership of a particular social group – suggested inconsistency between finding based on independent country information and other findings and decision reached Migration Act 1958 (Cth), s 476(1)(b), (c), (e), (g) Cho v Minister for Immigration & Multicultural Affairs [1998] FCA 1663 cited Win v Minister for Immigration & Multicultural Affairs [2001] FCA 132 cited Oo v Minister for Immigration & Multicultural Affairs [2001] FCA 348 cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Minister for Immigration & Multicultural Affairs v Epeabaka (1999) 84 FCR 411 (FC) cited Minister for Immigration & Multicultural Affairs v Anthonypillai [2001] FCA 274 (FC) cited Gamaethige v Minister for Immigration & Multicultural Affairs [2001] FCA 565 (FC) cited Minister for Immigration & Multicultural Affairs v Yusuf [2001] HCA 30 cited

MD JAHANGIR KABIR & ANOR v

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 248 OF 2001 LINDGREN J 26 JULY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 248 OF 2001

BETWEEN: MD JAHANGIR KABIR

FIRST APPLICANT

SYED FAZLUR RAHMAN

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION &

MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 26 JULY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed 2. The applicants pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.