Applicant in V488 of 2000 v Minister for Immigration & Multicultural Affairs [2001] FCA 1815

FEDERAL COURT OF AUSTRALIA

Applicant in V488 of 2000 v Minister for Immigration & Multicultural Affairs [2001] FCA 1815

MIGRATION - Refugees - Application for review of refusal to grant visa - Whether applicant had well-founded fear of persecution for reasons of political opinion - Whether requisite fear can arise in respect of persecution for mixed reasons including actual or imputed political opinion - What behaviour or actions may give rise to imputed political opinion - Whether Tribunal erred in regarding applicant's assistance in procuring criminal prosecution of political opponent as incapable of engendering a fear of persecution for reasons of political opinion - Whether Tribunal asked itself a wrong question by ignoring events after applicant's arrival in Australia - Whether persecution actuated by desire for revenge can also be for reasons of actual or imputed political opinion.

Migration Act 1958 (Cth) ss 36(2), 65(1), 411(1)(e), 414(1), 430, 476(1) Chokov v Minister for Immigration and Multicultural Affairs [1999] FCA 823 Chan v Minister for Immigration and Multicultural Affairs (1989) 169 CLR 379 Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 Minister for Immigration and Multicultural Affairs v Yusuf and Israelian (2001) 180 ALR 1 V v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 355 Guo Wei Rong v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 151 Minister for Immigration and Multicultural Affairs v Eshutu (1999) 197 CLR 611 Sikder Aslam v Minister for Immigration and Multicultural Affairs [2001] FCA 673 Farajvand v Minister for Immigration and Multicultural Affairs [2001] FCA 795 Montes-Granados v Minister for Immigration and Multicultural Affairs [2000] FCA 60 Minister for Immigration and Multicultural Affairs v Tedella [2001] FCA 832 Jahazi v Minister for Immigration and Ethnic Affairs (1998) 61 FCR 293 C v Minister for Immigration and Multicultural Affairs (1999) 94 FCR 366 Attorney-General (Canada) v Ward (1993) 103 DLR (4th) 1 Saliba v Minister for Immigration and Ethnic Affairs (1998) 89 FCR 38 Ranwalage v Minister for Immigration and Multicultural Affairs (1998) 90 FCR 173 Minister for Immigration and Multicultural Affairs v Y (unreported, per Davies J, 15 May 1998) Woen v Minister for Immigration and Multicultural Affairs [2000] FCA 1912 Islam v Secretary of State for the Home Department [1999] 2 AC 629 Tang v Minister for Immigration and Multicultural Affairs [2000] FCA 1746 (Daljit) Singh v Minister for Immigration and Multicultural Affairs (2000) 102 FCR 51 Minister for Immigration and Multicultural Affairs v Sarrazola (1999) 95 FCR 517 V488 of 2000