Applicants M6/2002 v The Honourable Philip Ruddock, Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1071

FEDERAL COURT OF AUSTRALIA

Applicants M6/2002 v The Honourable Philip Ruddock, Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1071

MIGRATION – fear of persecution due to ethnicity – failure of Tribunal to take account of evidence of beating and interrogation in considering whether the applicants were persecuted – failure of Tribunal to apply the correct test – whether Tribunal unreasonable Federal Court of Australia Act 1976 (Cth) s 23 Migration Act 1958 (Cth) s 417

Applicant M78/2002 v Minister for Immigration & Multicultural Affairs [2003] FCA 726 followed Craig v The State of South Australia (1995) 184 CLR 163 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 referred to Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 applied

Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to

Mok v Minister for Immigration, Local Government and Ethnic Affairs (1993) 47 FCR 1 referred to

APPLICANTS M6/2002 v THE HONOURABLE PHILIP RUDDOCK MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS, MR JOHN VRACHNAS, AN OFFICER OF THE COMMONWEALTH, IN HIS CAPACITY AS A MEMBER OF THE REFUGEE REVIEW TRIBUNAL and DR PETER NYGH, AN OFFICER OF THE COMMONWEALTH, IN HIS CAPACITY AS PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL V148 OF 2003

MARSHALL J 7 OCTOBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V148 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA BETWEEN: APPLICANTS M6/2002

APPLICANTS

AND: THE HONOURABLE PHILIP RUDDOCK MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MR JOHN VRACHNAS, an officer of the Commonwealth, in his capacity as a member of the Refugee Review Tribunal