MZKAH v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1589

FEDERAL COURT OF AUSTRALIA

MZKAH v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1589 MIGRATION – application for protection visa – applicant Egyptian national of Muslim religion, married to Greek national of Greek Orthodox religion – respective families' strong disapproval of marriage – threats by applicant's family to kill couple – lesser but still serious threats by wife's family – Minister's delegate refused application – Refugee Review Tribunal affirmed delegate's decision – Tribunal concluded well-founded fear of persecution if required to return to Egypt, but not if required to return to Greece – application for judicial review dismissed by Federal Magistrate – appeal – whether Tribunal failed to consider all aspects of applicant's claim – whether threats by applicant's wife's family merely "internal family strife" – whether Tribunal failed to consider possible membership of "particular social group" Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 referred to Abebe v Commonwealth (1999) 197 CLR 510 referred to Tran v Minister for Immigration & Multicultural & Affairs [2002] FCA 1522 referred to Rahman v Minister for Immigration & Multicultural & Affairs [2000] FCA 1277 referred to

MZKAH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V969 of 2004 WEINBERG J 3 DECEMBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 969 OF 2004

BETWEEN: MZKAH

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 3 DECEMBER 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.