MZ RAJ v Minister For Immigration & Multicultural & Indigenous Affairs [2004] FCA 1261

FEDERAL COURT OF AUSTRALIA

MZ RAJ v Minister For Immigration And Multicultural And Indigenous Affairs [2004] FCA 1261

MIGRATION – appeal from Federal Magistrates Court – protection visas – claim that Sri Lankan authorities would not be able to provide effective protection to applicants against non-state agents – whether magistrate should have found that tribunal fell into jurisdictional error – whether tribunal adequately addressed whether authorities were willing to provide husband with protection – whether tribunal should have tested the protection available against "international standards" WORDS AND PHRASES – "international standards"

Fleming's The Law of Torts (9th ed, 1998) at 118

MZ RAJ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FMCA 91 affirmed Minister for Immigration and Multicultural Affairs v S152/2003 (2004) 205 ALR 487 distinguished Osman v United Kingdom (1998) 29 EHRR 245 discussed Applicant A99 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 773 not followed Minister for Immigration and Multicultural and Ethnic Affairs v Khawar (2002) 210 CLR 1 cited SHKB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 545 at [36] not followed Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 at 233 cited Applicant A99 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 773 not followed MZ RAJ, MZ RAK, MZ RAL AND MZ RAM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 343 of 2004

HEEREY J 29 SEPTEMBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 343 OF 2004

BETWEEN: MZ RAJ, MZ RAK, MZ RAL AND MZ RAM

APPELLANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS