VAM v Minister for Immigration & Multicultural Affairs [2001] FCA 1809

FEDERAL COURT OF AUSTRALIA

"VAM" v Minister for Immigration & Multicultural Affairs [2001] FCA 1809

IMMIGRATION LAW – application to review decision of Refugee Review Tribunal - jurisdiction – privative clause – whether jurisdictional error - not the appropriate application to resolve extent of privative clause operation IMMIGRATION LAW – protection visa - application to review decision of Refugee Review Tribunal - whether Refugee Review Tribunal made jurisdictional error – whether Refugee Review Tribunal failed to identify a 'particular social group' for the purposes of the Refugee Convention – whether question of well-founded fear of persecution can be separated from question of belonging to a particular social group WORDS & PHRASES – "particular social group"

Migration Act 1958 (Cth) s 474

Convention relating to the Status of Refugees done at Geneva on 28 July 1951

Protocol relating to the Status of Refugees done at New York on 31 January 1967

R v Hickman; Ex parte Fox & Clinton (1945) 70 CLR 598 referred to

Minister for Immigration and Multicultural Affairs v Zamora (1998) 85 FCR 458 discussed

Morato v Minister for Immigration and Multicultural Affairs (1992) 39 FCR 401 discussed

VBA v Minister for Immigration and Multicultural Affairs [2001] FCA 1797 referred to

Sheejo v Minister for Immigration and Multicultural Affairs [2001] FCA 1708 cited

Chen Shi Hai v Minister for Immigration and Multicultural Affairs [2000] HCA 19, (2000) 201 CLR 293 referred to

"VAM" v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

V 1117 OF 2001

MARSHALL J

MELBOURNE

18 DECEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1117 OF 2001

BETWEEN: "VAM"

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MARSHALL J