NADO v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 215

FEDERAL COURT OF AUSTRALIA

NADO v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 215 MIGRATION – identified member of social group in Russia comprising male homosexuals – stress arising from that identity not actual persecution – instances of harm isolated - not condoned by authorities – isolated beatings of applicant in Russia – no evidence of sustained or systemic harm to applicant – adequacy of protection of homosexuals in Russia in post Soviet era – protection visa application made more than 3 years after arrival in Australia - without satisfactory account for delay – applicant in person at court review of Tribunal decision refusing visa application – written advice provided to applicant after Tribunal decision from counsel engaged in migration legal advice scheme - economic persecution - RRT applied itself to "real question in issue" – new allegations of persecution at Tribunal and again in court proceedings – findings by Tribunal adverse to credibility of applicant's claims – no denial of natural justice by Tribunal – unnecessary to consider whether jurisdictional error committed by Tribunal.

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 91R

Minister for Immigration and Multicultural and Indigenous Affairs v Yusef (2001) 206 CLR 323 cited Rajanayake v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 143 cited WAEC of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 147 cited WAEW of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 260 cited Attorney-General for New South Wales v Quin (1990) 170 CLR 1 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Minister for Immigration and Multicultural Affairs v Durairajasingham (2000) 168 ALR 407 cited Vichlenkova v Minister for Immigration and Multicultural Affairs [1999] FCA 1338 cited Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507 cited Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 cited