NAOI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 383

FEDERAL COURT OF AUSTRALIA

NAOI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 383 MIGRATION - protection visa application - appeal from decision of Federal Magistrate affirming Refugee Review Tribunal decision - fear of persecution for political opinion and religion - reasonableness of relocation within country of origin - adequacy of information put by the RRT member - no suggestion that appellant would have lead evidence to the contrary - procedural fairness - no evidence - country information - open to the RRT to make its findings - assessment of claim on cumulative basis - nature of persecution - "harm" - "serious harm" - appeal dismissed. Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 referred to SBBS v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 194 ALR 749 cited NAOI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 2554 of 2003 TAMBERLIN J SYDNEY 7 APRIL 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 2554 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: NAOI

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 7 APRIL 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The appeal 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 2554 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: NAOI

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE: 7 APRIL 2004