Applicant M v Minister for Immigration & Multicultural Affairs [2001] FCA 1412

FEDERAL COURT OF AUSTRALIA

Applicant M v Minister for Immigration & Multicultural Affairs [2001] FCA 1412

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 – whether Tribunal erred in law or fell 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 – whether matter should be remitted with a direction as to the constitution of the Tribunal.

Migration Act 1958 (Cth), s 476(1)(b), (c) and (e)

Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 distinguished Applicant A v Minister for Immigration and Multicultural Affairs (1997) 190 CLR 225 referred to Chen Shi Hai v Minister for Immigration and Multicultural Affairs [2000] HCA 19 followed Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 applied Applicant Z v Minister for Immigration and Multicultural Affairs [2001] FCA 881 referred to Mahmoodi v Minister for Immigration and Multicultural Affairs [2001] FCA 1090 not followed Wang v Minister for Immigration and Multicultural Affairs [2000] FCA 1599 referred to Minister for Immigration and Multicultural Affairs v Applicant C [2001] FCA 1332 referred to

APPLICANT M v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 15 of 2001 CARR J 5 OCTOBER 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 15 of 2001

BETWEEN: APPLICANT M