QAAG of 2004 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1283

FEDERAL COURT OF AUSTRALIA

QAAG of 2004 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1283 MIGRATION – protection visa – whether the Refugee Review Tribunal considered that harassment was as a result of the applicant's race – whether the Refugee Review Tribunal considered the applicant's age in deciding whether certain conduct was persecutory QAAG OF 2004 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS Q77 OF 2004

DOWSETT J 7 OCTOBER 2004 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 77 OF 2004

BETWEEN: QAAG OF 2004

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 7 OCTOBER 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 77 OF 2004

BETWEEN: QAAG OF 2004

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: DOWSETT J

DATE: 7 OCTOBER 2004

PLACE: BRISBANE

REASONS FOR JUDGMENT

THE APPLICATION 1 The applicant is a Sri Lankan national and a Tamil. He is now seventy years of age. He was widowed in 1983 and has two adult daughters, one of whom lives in Australia and is a medical practitioner. He entered Australia on 2 June 2001. On 20 July 2001, he applied for a subclass 785 (Temporary Protection) (Class XA) visa. On 4 September 2002, a delegate of the respondent (the "Minister") rejected the application. The Refugee Review Tribunal (the "Tribunal") affirmed the decision of the Minister. The applicant now seeks review of that decision.