VFAC v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 367

FEDERAL COURT OF AUSTRALIA

VFAC v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 367

MIGRATION – application for protection visa – applicant converted from Islam to Christianity – Tribunal found that discreet practice of religion could prevent discovery by Iranian authorities of act of apostasy – whether applicant required or expected to modify behaviour to avoid persecutory harm

Migration Act 1958 (Cth) Pt 8 Judiciary Act 1903 (Cth) s 39B

Appellant S395/2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 203 ALR 112 applied Farajvand v Minister for Immigration and Multicultural Affairs [2001] FCA 795 considered SGKB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 44 followed APPLICANT VFAC OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V459 of 2002 WEINBERG J 31 MARCH 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V459 OF 2002

BETWEEN: APPLICANT VFAC OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 31 MARCH 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal be set aside. 2. The matter be remitted to the Refugee Review Tribunal to be heard and determined according to law. 3. The applicant pay the costs of and incidental to the hearings on 21 March, 30 May and 12 December 2003. 4. The respondent pay the costs of and incidental to the hearing on 23 February 2004. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V459 OF 2002

BETWEEN: APPLICANT VFAC OF 2002