VAAG v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1201

FEDERAL COURT OF AUSTRALIA VAAG v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1201 MIGRATION – visa – protection visa – whether Tribunal ignored an integer of appellant's claim – whether appellant made claim that he was forced to live in hiding – whether remaining in hiding in own home to avoid security situation in streets amounted to persecution – whether appellant made sur place claim other than one based on applying for protection visa APPEAL – grounds – whether leave should be granted to rely on grounds not argued at first instance – whether proposed new grounds had merit Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 36 Convention relating to the Status of Refugees. Opened for signature 28 July 1951 (entered into force 22 April 1954) Protocol relating to the Status of Refugees. Opened for signature 31 January 1967 (entered into force 13 December 1973) VAAG v Minister for Immigration [2004] FMCA 13 cited Muin v Refugee Review Tribunal [2002] HCA 30 (2002) 190 ALR 601 cited Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 (2003) 211 CLR 476 cited Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71 (2003) 203 ALR 112 distinguished APPLICANT VAAG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 127 of 2004 GRAY J 1 SEPTEMBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 127 of 2004

BETWEEN: APPLICANT VAAG

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 1 SEPTEMBER 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Leave to rely on the grounds specified in the amended notice of appeal filed on 27 May 2004 be refused. 2. The appeal be dismissed. 3. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.