Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Erduran v Minister for Immigration & Multicultural Affairs [2002] FCA 814
MIGRATION- protection visa - claim of well-founded fear of persecution on ground of liability to compulsory military service - Tribunal found military service law a law of general application - whether error of law - whether Tribunal obliged to consider whether objection to military service a conscientious objection – whether conscientious objection to military service can arise from political opinion or religion, can itself amount to political opinion, or can give rise to membership of a particular social group Migration Act 1958 (Cth) ss 36, 476(1) Federal Court Rules O 80 Mijoljevic v Minister for Immigration & Multicultural Affairs [1999] FCA 834 considered Murillo-Nunez v Minister for Immigration & Ethnic Affairs (1995) 63 FCR 150 referred to Timic v Minister for Immigration & Multicultural Affairs [1998] FCA 1750 (Federal Court of Australia, Einfeld J, 23 December 1998, unreported) referred to Minister for Immigration & Multicultural Affairs v Shaibo [2000] FCA 600 referred to Trpeski v Minister for Immigration & Multicultural Affairs [2000] FCA 841 referred to Magyari v Minister for Immigration & Multicultural Affairs (Federal Court of Australia, O'Loughlin J, 22 May 1997, unreported) considered Mehenni v Minister for Immigration & Multicultural Affairs [1999] FCA 789 (1999) 164 ALR 192 followed Applicant N 403 of 2000 v Minister for Immigration & Multicultural Affairs [2000] FCA 1088 considered Applicant M v Minister for Immigration & Multicultural Affairs [2001] FCA 1412 followed Minister for Immigration & Multicultural Affairs v Yusuf [2001] HCA 30 (2001) 180 ALR 1 applied Wang v Minister for Immigration & Multicultural Affairs [2000] FCA 1599 (2000) 105 FCR 548 applied Office of the United Nations High Commissioner for Refugees Handbook on Procedures and Criteria for Determining Refugee Status 1992 Hathaway The Law of Refugee Status 1991 SERTAC ERDURAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 227 of 2001
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