Applicant S454/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1136

FEDERAL COURT OF AUSTRALIA

Applicant S454/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1136 MIGRATION – application for protection visa – applicant member of separatist association promoting armed insurrection against government of applicant's country of nationality – no evidence applicant personally responsible for acts of criminal violence – applicant claiming to have well-founded fear of persecution for reasons of political opinion – whether likelihood of arbitrary or unlawful detention in country of origin on suspicion of membership of separatist association gave rise to well-founded fear of persecution for reasons of political opinion – whether reasonable in the circumstances to expect applicant to re-locate within country of nationality to reduce likelihood of detention – Tribunal found that any detriment imposed on applicant in country of nationality would be no greater than detriment imposed on other persons suspected of supporting armed insurrection – whether such finding relieved Tribunal of necessity to assess applicant's claims concerning arbitrary or unlawful detention and mistreatment of persons detained on suspicion of supporting armed insurrection Convention relating to the Status of Refugees. Done at Geneva 28 July 1951 Protocol relating to the Status of Refugees. Done at New York 31 January 1967 Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 followed Applicant S v Minister for Immigration and Multicultural Affairs (2004) 206 ALR 242 followed Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 followed Minister for Immigration and Multicultural Affairs v Respondents S152/2003 [2004] HCA 18; (2004) 205 ALR 487; (2004) 78 ALJR 678 cited Minister for Immigration and Multicultural Affairs v Khawar (2002) 210 CLR 1 cited Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 cited R (Sivakumar) v Secretary of State for the Home Department [2003] 1 WLR 840 discussed Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 applied S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 78 ALJR 180; 203 ALR 112 referred to APPLICANT S454/2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 315 OF 2004 GYLES J 1 SEPTEMBER 2004 SYDNEY