NAIY v Minister For Immigration & Multicultural & Indigenous Affairs [2004] FCA 455

FEDERAL COURT OF AUSTRALIA

NAIY v Minister For Immigration & Multicultural & Indigenous Affairs

[2004] FCA 455 MIGRATION – "well founded fear of persecution" – seriousness of discrimination experienced is a question of fact for the Tribunal Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 applied Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 applied Minister for Immigration and Multicultural Affairs v Haji Ibrahim (2000) 204 CLR 1 applied Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 referred to Minister for Immigration and Multicultural and Indigenous Affairs v Kord (2002) 125 FCR 68 applied Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 77 ALJR 699 applied Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 211 CLR 441 referred to SCAA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 668 referred to NAIY v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1420 of 2003 JACOBSON J 20 APRIL 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1420 of 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: NAIY

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 20 APRIL 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs in the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.