Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAPR v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1123 NAPR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 583 of 2003
STONE J 15 OCTOBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 583 OF 2003
BETWEEN: NAPR
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 15 OCTOBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 583 OF 2003
BETWEEN: NAPR
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE: 15 OCTOBER 2003
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant is a citizen of Lithuania who arrived in Australia on a temporary business visa in May 2001. His application under the Migration Act 1958 (Cth) ('Migration Act') for a protection (Class XA) visa has been refused by a delegate of the respondent and by the Refugee Review Tribunal ('the Tribunal'). 2 He has applied to this Court under s 39B of the Judiciary Act 1903 (Cth) for a review of the Tribunal's decision. He contends that the Tribunal's decision is affected by jurisdictional error in that it: (a) identified the wrong issues and asked itself the wrong questions in relation to the applicant's claims to have been persecuted within the meaning of s 91R(1)of the Migration Act; and (b) ignored relevant material in relation to his claims of persecution.
The applicant's Claims 3 The applicant claimed in his protection visa application that he feared persecution in Lithuania for his 'political and social activity' which consisted of opposing the authorities in a number of ways including in relation to compulsory military service and a nuclear power station. He claimed that his life had been threatened and that his close relatives would have been threatened if he had not left the country. He claimed that if he were to return to Lithuania he would be subjected to 'constant chase' and physical abuse by bandits, mafia and police and might be falsely accused and put in gaol.
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