Applicants M60/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1612

FEDERAL COURT OF AUSTRALIA

Applicants M60/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1612 MIGRATION – protection visa – appellants claimed fear of persecution by Liberation Tigers of Tamil Eelam ("LTTE") on basis of imputed political opinion – reason proffered for not having reported threats made by LTTE, and related incidents, to police was "fear of reprisals" – Refugee Review Tribunal found appellants could be protected by state authorities and did not have well-founded fear of persecution – application for review in Federal Magistrates Court – appeal – new ground of appeal that Tribunal failed to consider "element or integer" of appellants' claim – whether appellants' explanation for not reporting incidents and threats to police was "element or integer" of their claim – whether, in any event, Tribunal considered and rejected explanation

M60 v Minister for Immigration & Multicultural & Indigenous Affairs (No 1) [2003] FMCA 428 referred to M60 v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2003] FMCA 429 referred to Htun v Minister for Immigration & Multicultural Affairs (2001) 194 ALR 244 at [40]-[42] referred to Paul v Minister for Immigration & Multicultural Affairs (2001) 113 FCR 396 at [79] referred to SZAFJ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 291 at [20]-[21] referred to NAZF v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 340 at [4] referred to SZAFW v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 173 at [21]-[28] referred to SZBNG v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 261 at [22]-[26] and [43] referred to Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 at [64]-[65] considered Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 75 ALD 630 at [45]-[49] discussed APPLICANTS M60/2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V832 of 2003 WEINBERG J 8 DECEMBER 2004 MELBOURNE