QAAH of 2004 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1448

FEDERAL COURT OF AUSTRALIA

QAAH of 2004 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1448

MIGRATION – protection visa – applicant refused permanent visa following the grant of two temporary visas – whether Article 1C(5) of the Convention relating to Status of Refugees applies to permanent protection visa applicants previously granted temporary protection visas – whether Tribunal considered fear of persecution from non-government groups – whether Tribunal considered if government could offer protection against non-government groups – whether Tribunal erred in deciding on area of possible return. Migration Act 1958 (Cth) ss 29, 30, 31, 36, 65 Migration Regulations 1994 (Cth) reg 2.08F Sch 1, items 1401, 1403, Sch 2 subclass 785, 866 Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 considered Minister for Immigration and Ethnic Affairs v Mayer (1985) 157 CLR 290 considered Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 applied Minister for Immigration and Multicultural Affairs v Thiyagarajah (2000) 199 CLR 343 considered Minister for Immigration and Multicultural Affairs v Khawar (2002) 210 CLR 1 considered Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 considered Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 considered Abebe v Commonwealth (1999) 197 CLR 510 considered QAAH OF 2004 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS Q 102 OF 2004 DOWSETT J 11 NOVEMBER 2004 SYDNEY (VIA VIDEO-LINK) HEARD IN BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 102 OF 2004

BETWEEN: QAAH OF 2004

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS