Khanmeeri v Minister for Immigration & Multicultural Affairs [2002] FCA 625

FEDERAL COURT OF AUSTRALIA

Khanmeeri v Minister for Immigration & Multicultural Affairs [2002] FCA 625

MIGRATION – protection visa – application to review decision of the Refugee Review Tribunal – Tribunal accepted that applicant was an active homosexual and that he had subjective fear of persecution – whether fear well-founded – political opinion – whether the two grounds are to be considered separately or jointly

Migration Act 1958 (Cth) s 476(1), (4) Migration Legislation Amendment (Judicial Review) Act 2001 (Cth)

MMM v Minister for Immigration and Multicultural Affairs (1998) 90 FCR 324 cited F v Minister for Immigration and Multicultural Affairs [1999] FCA 947 cited Satinder Pal Singh v Minister for Immigration and Multicultural Affairs (2000) 178 ALR 742 discussed Sujeendran Sivalingam v MIMA [1998] FCA 1167 referred to Re The Minister for Immigration and Multicultural Affairs; Ex parte Abebe (1999) 197 CLR 510 followed W168/00A v Minister for Immigration and Multicultural Affairs [2001] FCA 538 applied W148/00A v Minister for Immigration and Multicultural Affairs [2001] FCA 679 referred to Thevendram v Minister for Immigration and Multicultural Affairs [2000] FCA 1910 referred to Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 followed Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 cited Hossain v Minister for Immigration and Multicultural Affairs [2001] FCA 46 applied He v Minister for Immigration and Multicultural Affairs (1997) 72 FCR 342 referred to Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 followed KHANMEERI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 171 OF 2001 O'LOUGHLIN J 17 MAY 2002 CANBERRA (HEARD IN ADELAIDE)