SWCB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1178

FEDERAL COURT OF AUSTRALIA

SWCB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1178

MIGRATION – persecution for political opinion – applicant not merely an ordinary party member – claim referred to political beliefs, political beliefs as member of Democratic Party, support for Democratic Party and being identified with Democratic Party – objective question – whether Tribunal properly examined risk to particular applicant of returning to Albania MIGRATION – effective State protection – whether Tribunal failed to consider whether State was deliberately withholding protection MIGRATION – 'serious harm' under s 91R(1)(b) of the Migration Act 1958 (Cth) – whether Tribunal erred in finding actions taken against applicant did not amount to persecution

Migration Act 1958 (Cth) s 36(2) s 91R

Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 203 ALR 112 applied Minister for Immigration & Multicultural Affairs v Khawar (2002) 210 CLR 1 referred to VDAU v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 32 at [24] cited SBBA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 90 referred to Re Minister for Immigration & Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 applied SWCB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & REFUGEE REVIEW TRIBUNAL No S114 of 2004 FINN J ADELAIDE 10 SEPTEMBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 114 OF 2004

BETWEEN: SWCB

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL