Applicant VEAZ of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1033

FEDERAL COURT OF AUSTRALIA

Applicant VEAZ of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1033

MIGRATION - protection visa - whether liability to compulsory military service can give rise to well-founded fear of persecution - whether conscientious objection to military service can give rise to persecution for a Convention reason – whether necessary to show likelihood of differential punishment, based on race, religion or political opinion – effect of law of general application - claim to fear persecution based on unwillingness to fight people of applicant's own race – whether Tribunal's finding of fact that he would not be forced to do so conclusive.

Migration Act 1958 (Cth) s 36 Judiciary Act 1903 (Cth) s 39B Trpeski v Minister for Immigration & Multicultural Affairs [2000] FCA 841 referred to Erduran v Minister for Immigration & Multicultural Affairs [2002] FCA 814 (2002) 122 FCR 150 considered Minister for Immigration & Multicultural & Indigenous Affairs v VFAI of 2002[2002] FCAFC 374 considered Wang v Minister for Immigration & Multicultural Affairs [2000] FCA 1599 (2000) 105 FCR 548 followed

APPLICANT VEAZ OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 440 of 2002 GRAY J 2 OCTOBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 440 of 2002

BETWEEN: APPLICANT VEAZ OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 2 OCTOBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.