Applicant A96 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 565

FEDERAL COURT OF AUSTRALIA

Applicant A96 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 565

MIGRATION – well-founded fear of persecution – relocation within Nepal feasible – well-founded fear of persecution established only within village – finding of possible relocation not unreasonable Migration Act 1958 (Cth) Multicultural Affairs v Prathapan (1998) 156 ALR 672 cited APPLICANT A96 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS, PHILIPPA MCINTOSH, MEMBER, REFUGEE REVIEW TRIBUNAL AND THE PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL S 666 of 2003 LANDER J 30 APRIL 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 666 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: APPLICANT A96 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

PHILIPPA MCINTOSH, MEMBER, REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

THE PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: LANDER J

DATE OF ORDER: 30 APRIL 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. Application dismissed. 2. The applicant to pay the first respondent's costs. 3. No order for costs as to the second and third respondents. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 666 OF 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: APPLICANT A96 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

PHILIPPA MCINTOSH, MEMBER, REFUGEE REVIEW TRIBUNAL