Minister for Immigration & Multicultural & Indigenous Affairs v VBAO of 2002 [2004] FCA 1495

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v VBAO of 2002 [2004] FCA 1495 MIGRATION – judicial review – protection visa – whether Tribunal correctly applied s 91R of the Migration Act 1958 (Cth) by finding that death threats were not prima facie instances of serious harm – appeal allowed Migration Act 1958 (Cth) s 91R Minister for Immigration and Multicultural and Indigenous Affairs v Respondents S152/2003 (2004) 205 ALR 487, referred to MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v VBAO OF 2002 V 680 OF 2004 MARSHALL J 19 NOVEMBER 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 680 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

APPELLANT

AND: VBAO OF 2002

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 19 NOVEMBER 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be allowed.

2. The orders of the Federal Magistrates Court of 14 May 2004 be set aside

3. The application for judicial review of the decision of the Refugee Review Tribunal of 29 January 2002 be dismissed.

4. Within 7 days of the date of this order the parties file and serve brief written submissions on the question of costs, including any application under s 6(2) of the Federal Proceedings (Costs) Act 1981 (Cth), which the respondent may make.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 680 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

APPELLANT