Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
W250/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 400
MIGRATION – refugee – refusal of protection visa – application for review of Refugee Review Tribunal decision – applicant Afghani of Tajik ethnicity – former bodyguard to Jamiat-i-Islami commander – whether real risk of persecution if returned to Afghanistan – whether persecution needs to be specifically targeted – whether Tribunal erred by failing to consider relevant material Migration Act 1958 (Cth) ss 5, 36(2), 65, 414, 476 Perampalam v Minister for Immigration and Multicultural Affairs (1999) 84 FCR 274 applied Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 applied Minister for Immigration & Multicultural Affairs v Haji Ibrahim (2000) 204 CLR 1 applied Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 applied Abebe v Commonwealth (1999) 197 CLR 510 applied Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 applied W250/01A v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W250 OF 2001 LEE J 10 APRIL 2002 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W250 OF 2001
BETWEEN: W250/01A
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: LEE J
DATE OF ORDER: 10 APRIL 2002
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal made 6 June 2001 be set aside and the matter remitted to the Tribunal for redetermination. 2. The respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W250 OF 2001
BETWEEN: W250/01A
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