VAH v Minister for Immigration & Multicultural Affairs [2002] FCA 446

FEDERAL COURT OF AUSTRALIA

VAH v Minister for Immigration & Multicultural Affairs [2002] FCA 446

MIGRATION – whether Refugee Review Tribunal misconceived its function by failing to address a claim of persecution for perceived or imputed membership of a social group or political opinion Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 475A, 477, 478 and 479 Walton v Ruddock (2001) FCA 1839 - cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 - cited Abebe v The Commonwealth of Australia (1999) 197 CLR 510 - cited Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547 - cited Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194 - cited Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802 - cited Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 - cited VAH AND VAI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 1100 OF 2001 JUDGE: MERKEL J DATE: 12 APRIL 2002 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1100 OF 2001

BETWEEN: VAH

FIRST APPLICANT

VAI

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT JUDGE: MERKEL J

DATE OF ORDER: 12 APRIL 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT the application be dismissed with costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1100 OF 2001

BETWEEN: VAH

FIRST APPLICANT

VAI

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MERKEL J