VBAS v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 212

FEDERAL COURT OF AUSTRALIA

VBAS v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 212

MIGRATION – judicial review – protection visa – whether death threats constituted serious harm for the purposes of s 91R of the Migration Act 1958 (Cth). Convention Relating to the Status of Refugees. Opened for Signature 28 July 1951. 189 UNTS 150. Arts 31 and 33 (entered into force 22 April 1954) ('Refugees Convention') Federal Court of Australia Act 1976 (Cth), s 25(1A) Migration Act 1958 (Cth), ss 36(2) and 91R Protocol Relating to the Status of Refugees. Opened for Signature 31 January 1967. 606 UNTS 267. (entered into force 4 October 1967) Ahwazi v Minister for Immigration and Multicultural Affairs [2001] FCA 1818 referred to Avesta v Minister for Immigration and Multicultural Affairs [2002] FCAFC 121 referred to Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to Hicks v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 757 referred to House of Peace Pty Ltd v Bankstown City Council (2000) 48 NSWLR 498 referred to Mandavi v Minister for Immigration and Multicultural Affairs (2002) FCA 70 referred to Milne v Attorney‑General (Tas) (1956) 95 CLR 460 referred to Minister for Immigration and Multicultural and Indigenous Affairs v VBAO of 2002 [2004] FCA 1495 followed Minister for Immigration and Multicultural and Indigenous Affairs v VBAO of 2002 [2004] FCA 1581 considered Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to NACV v Minister for Immigration and Multicultural Affairs [2002] FCA 411 referred to NAFG v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 57 referred to NAGV and NAGW of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 6 referred to Prahastono v Minister for Immigration and Multicultural Affairs (1997) 77 FCR 260 referred to Provincial Insurance Australia Pty Ltd v Consolidated Wood Products Pty Ltd (1991) 25 NSWLR 541 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 referred to Ruddock and Ors v Vadarlis and Ors (No. 2) (2001) 115 FCR 229 referrred to WAIW of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1621 referred to VBAS V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS VID 542 of 2003 CRENNAN J 11 MARCH 2005 MELBOURNE