Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Malinov v Minister for Immigration & Multicultural Affairs [2002] FCA 596
MIGRATION – application for review of Refugee Review Tribunal affirming decision not to grant protection visa – applicant member of group of researchers subject to intimidation by organised criminals – whether causal nexus between membership of a particular social group and a well-founded fear of persecution is a question of fact - whether Refugee Review Tribunal decision contained any error of law Migration Act 1958 (Cth) Applicant A v Minister for Immigration & Ethnic Affairs (1997) 190 CLR 225 at 240 applied Minister for Immigration & Multicultural Affairs v Tas [2000] FCA 1657 at [55] mentioned Horvath v Secretary of State for the Home Department [2000] 3 WLR 379 mentioned Buultjens v Minister for Immigration & Multicultural Affairs [2001] FCA 1058 at [12] followed GUEORGUI NIKOLOV MALINOV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V156 OF 2001 HEEREY J 10 MAY 2002 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V156 OF 2001
BETWEEN: GUEORGUI NIKOLOV MALINOV
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: HEEREY J
DATE OF ORDER: 10 MAY 2002
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application is dismissed.
2. The applicant pay the respondent's costs including reserved 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 V156 OF 2001
BETWEEN: GUEORGUI NIKOLOV MALINOV
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: HEEREY J
DATE: 10 MAY 2002
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 The applicant seeks review under Pt 8 of the Migration Act 1958 (Cth) (the Act) of a decision of the Refugee Review Tribunal made on 11 January 2001 affirming a decision not to grant him a protection visa.
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