Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAIV v Minister for Immigration & Multicultural & Indigenous Affairs
[2004] FCA 457 MIGRATION – "membership of a particular social group" – whether divorced or separated Nepalese women who have converted to Christianity constitute a particular social group- fear of persecution on grounds of domestic violence – failure to address an integer of the claim Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 36, 411, 420, 425, 427 & 428 Migration Regulations 1994 (Cth) regulations 866.221 & 866.222
Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 referred to Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 applied Minister for Immigration and Multicultural Affairs v Khawar (2002) 210 CLR 1 applied NAEA of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 341 distinguished R v Immigration Appeal Tribunal; Ex parte Shah [1999] 2 AC 629 referred to Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287 referred to V120/00A v Minister for Immigration and Indigenous Multicultural Affairs (2002) 116 FCR 576 distinguished NAIV, NAIW AND NAIX v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N1405 of 2003 JACOBSON J 20 APRIL 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1405 of 2003
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: NAIV, NAIW AND NAIX
APPELLANTS
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 by the appellant NAIV be allowed. 2. The decision of the Refugee Review Tribunal be set aside and the matter be remitted to the Refugee Review Tribunal for determination according to law. 3. The respondent pay the appellants' costs of the appeal (if any). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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