VRAW v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1133

FEDERAL COURT OF AUSTRALIA

VRAW v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1133 MIGRATION – application for asylum –persecution by "rogue" state officials – police inaction – adequate state protection – test to be applied Horvath v Secretary of State for the Home Department [2001] 1 AC 489 referred to Minister for Immigration and Multicultural Affairs v Khawar (2002) 210 CLR 1 followed Minister for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 78 ALJR 678 followed Osman v United Kingdom (1998) 29 EHRR 245 considered Regina v Immigration Appeal Tribunal; Ex parte Shah [1999] 2 AC 629 cited Risak v Minister of Employment and Immigration (1994) 86 FTR 67 approved Svazas v Secretary of State for the Home Department [2002] 1 WLR 1891 applied Zhuravlvev v The Minister of Citizenship and Immigration [2000] 4 CF 3 cited VRAW & VRAX v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 635 of 2003 FINKELSTEIN J 3 SEPTEMBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 635 of 2003

BETWEEN: VRAW & VRAX

Applicants

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGE: FINKELSTEIN J

DATE OF ORDER: 3 SEPTEMBER 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. A writ of certiorari issue to the Refugee Review Tribunal removing into this court and quashing the decision of the Tribunal given on 20 June 2003. 2. A writ of mandamus issue to the Refugee Review Tribunal directing it to hear and determine the matter in accordance with law. 3. The respondent pay the applicants' taxed costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA