B90 of 2003 v Refugee Review Tribunal [2004] FCA 1557

FEDERAL COURT OF AUSTRALIA

B90 of 2003 v Refugee Review Tribunal [2004] FCA 1557 MIGRATION – protection visa – whether Tribunal misunderstood the meaning of "well-founded fear of persecution" – applicant Tamil from north of Sri Lanka – Refugee Review Tribunal considered that only persons of special interest to the security forces were at risk of persecution – visa applicant had been tortured in 1992 and family members had been persecuted – whether Tribunal considered fear of persecution from a non-government source – whether Tribunal considered that proposed re-location was reasonable Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 considered Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 considered Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 considered B90 OF 2003 v REFUGEE REVIEW TRIBUNAL AND MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS Q 118 OF 2004 DOWSETT J 2 DECEMBER 2004 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 118 OF 2004

BETWEEN: B90 OF 2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 2 DECEMBER 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 118 OF 2004

BETWEEN: B90 OF 2003

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS