Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SCAM v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 964
MIGRATION – application under s 39B of the Judiciary Act – asylum seeker a young illiterate person from Afghanistan brought up as worker on a subsistence farm in a small village who fled and travelled alone to Australia – fear of persecution by the Taliban because of his Hazara ethnicity and Shi'a religion – visa application refused because of fundamental changes brought about by the defeat of the Taliban – whether the Refugee Review Tribunal erred in ignoring whether the applicant is unable or his continuing fear is such that he is unwilling to avail himself of the protection of the country of his nationality – application dismissed. Re Minister for Immigration and Multicultural Affairs; ex parte Miah (2001) 179 ALR 238 applied Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 applied Minister for Immigration and Ethnic Affairs v Singh (1997) 72 FCR 288 followed Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR l611 cited Minister for Immigration and Multicultural Affairs v Khawar (2002) 76 ALJR 667 cited Mileva v Canada (Minister of Employment and Immigration) (1991) 81 DLR (4th) 244 cited Adan v Secretary of State for the Home Department [1998] 2 All ER 453 cited SCAM v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS No S 61 of 2002 von DOUSSA J ADELAIDE 6 AUGUST 2002
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 61 OF 2002
BETWEEN: SCAM
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: von DOUSSA J
DATE OF ORDER: 6 AUGUST 2002
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. Application dismissed. 2. Applicant to pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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