NACM of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1554

FEDERAL COURT OF AUSTRALIA

NACM of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1554 MIGRATION – judicial review of a decision to refuse to grant applicant a protection visa – Head of Medical Services of the Border Forces for the Republic of Georgia opposed to the supply of Russian weapons through Georgia to Chechen recipients – sought to report corrupt General – false criminal charges laid – whether persecution for reasons of actual or imputed political opinion – failure of Tribunal to address issues raised by applicant's claims – whether persecution motivated by actual or imputed political opinion of claimant a sufficient but not necessary condition for refugee status – constructive failure of decision-maker to exercise jurisdiction C v Minister for Immigration & Multicultural Affairs (1999) 94 FCR 366, considered Dranichnikov v Minister for Immigration & Multicultural & Indigenous Affairs [2003] HCA 26, applied Guzman v Minister for Citizenship and Immigration (1999) 93 ACWS (3d) 733, cited Islam v Secretary of State for the Home Department; R v Immigration Appeal Tribunal, Ex parte Shah [1999] 2 AC 629, considered Jarrin and Ors v Minister for Immigration & Multicultural & Indigenous Affairs [1998] FCA 765, considered Kalala v Minister for Immigration & Multicultural & Indigenous Affairs [2001] FCA 1594, cited Klinko v Canada (2000) 184 DLR (4th) 14, cited Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559, applied Minister for Immigration & Multicultural Affairs v Sarrazola [2001] FCA 263, cited NAEU of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002]FCAFC 259, doubted, followed Rajaratnam v Minister for Immigration & Multicultural Affairs (2000) 62 ALD 73, considered Ramirez v Minister for Immigration & Multicultural Affairs (2000) 176 ALR 514, considered Refugee Appeal No 72635/01 NZ Refugee Status Appeals Authority (unreported) 6 September 2002, cited Sarrazola v Minister for Immigration & Multicultural Affairs (No 3)[2000] FCA 919, cited Sepet v Home Secretary [2003] 1 WLR 856, considered Thalary v Minister for Immigration and Ethnic Affairs (1997) 73 FCR 437, referred V v Minister for Immigration & Multicultural Affairs (1999) 92 FCR 355, applied Vassiliev v Minister for Citizenship and Immigration(1997) 131 FTR 128, cited Zheng vMinister for Immigration & Multicultural Affairs [2000] FCA 670, considered