Shaibo v Minister for Immigration and Multicultural Affairs [2002] FCA 158

FEDERAL COURT OF AUSTRALIA

Shaibo v Minister for Immigration and Multicultural Affairs

[2002] FCA 158

MIGRATION – where applicant was a member of Sri Lankan police force posted in Tamil area – whether desertion from police force constituted expression of political opinion – whether knowledge of political opinion on part of persecutor required Migration Act 1958 (Cth), s 36(2) Minister for Immigration & Multicultural Affairs v Shaibo (unreported, Federal Court of Australia, Lindgren J, N 979 of 1999, 10 May 2000) Canada (Attorney General) v Ward (1993) 103 DLR (4th) 1 V v Minister for Immigration & Multicultural Affairs (1999) 92 FCR 355 C v Minister for Immigration & Multicultural Affairs (1999) 94 FCR 366 Xie Guo Zhong v Minister for Immigration & Ethnic Affairs (unreported, Federal Court of Australia, Tamberlin J, 21 December 1995) Minister for Immigration & Multicultural Affairs v Y (unreported, Federal Court of Australia, Davies J, 15 May 1998) C v Minister for Immigration & Multicultural Affairs (1999) 94 FCR 366 Guo v Minister for Immigration & Ethnic Affairs (1996) 64 FCR 151 Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration & Multicultural Affairs v Khawar (2000) 101 FCR 501 Chen Shi Hai v Minister for Immigration & Multicultural Affairs (2000) 201 CLR 293 MOHAMED ELIYAS CADER SHAIBO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1220 OF 2001 GYLES J SYDNEY 27 FEBRUARY 2002

IN THE FEDERAL COURT OF AUSTRALIA

DISTRICT REGISTRY N 1220 OF 2001

BETWEEN: MOHAMED ELIYAS CADER SHAIBO APPLICANT AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT JUDGE: GYLES J

DATE OF ORDER: 27 FEBRUARY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the appeal.