Seo v Minister for Immigration & Multicultural Affairs [2001] FCA 1258

FEDERAL COURT OF AUSTRALIA

Seo v Minister for Immigration & Multicultural Affairs [2001] FCA 1258

MIGRATION – protection visa – Refugee Convention – well-founded fear of persecution – whether alleged discrimination on religious grounds prevented applicant from obtaining public service employment – "consider" – whether such discrimination constitutes a Convention reason - Migration Act 1958 (Cth), s 29, 36, 45, 47, 55, 65, 412, 414, 415, 475, 476, 485, 486 Migration Regulations 1994, Sch 2 – 866.221 Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 referred to Thalary v Minister for Immigration and Ethnic Affairs (1997) 73 FCR 437 cited Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 cited Prahastono v Minister for Immigration and Multicultural Affairs (1979) 77 FCR 260 cited Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274 cited Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 cited Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 cited Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565 cited Annual Report on International Religious Freedom 1999 The International Bill of Human Rights, Article 23 Cole and Hathaway, The Law of Refugee Status 1991 DAL SEOG SEO and HYE JIN KIM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 961 of 2000 SPENDER J BRISBANE (heard in Melbourne) 7 SEPTEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 961 OF 2000

BETWEEN: DAL SEOG SEO

FIRST APPLICANT

HYE JIN KIM

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: SPENDER J