NAVZ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 13

FEDERAL COURT OF AUSTRALIA

NAVZ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 13

MIGRATION – alleged persecution by reason of religion – application for review of decision refusing application for protection visa – where applicant was a member of the Church of Scientology in Russia – where applicant claimed mistreatment by officials because he was a Scientologist – whether failure to make findings on material matters amounted to a jurisdictional error – whether Tribunal fundamentally misunderstood legal principle in finding that the 1997 'Law of Religion' in Russia was appropriate and adapted to achieving a legitimate object of the State.

Migration Act 1958 (Cth) Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 followed Church of the New Faith v Commissioner for Payroll Tax (1982 – 1983) 154 CLR 120 followed Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 followed Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 followed Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 followed Nagaratnam v Minister for Immigration and Multicultural Affairs (1999) 84 FCR 569 referred to Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 referred to SCAT v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 80 followed WAEE v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 75 ALD 630 WAFP v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 319 cited NAVZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N1465 of 2003 MADGWICK J 21 JANUARY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1465 of 2003