SZBAL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 263

FEDERAL COURT OF AUSTRALIA

SZBAL v Minister for Immigration and Multicultural

and Indigenous Affairs [2005] FCA 263 MIGRATION – application for protection visa – imputed political opinion – provision of financial support to political organisation - proper application of enacted laws – legitimate state objectives – whether RRT failed to address integer of claim - whether RRT finding illogical, irrational or lacking a basis in finds or inferences of fact – whether "prisoners of Indonesia" constitute a particular social group - leave to rely on proposed grounds not run below

Applicant A v Minister for Immigration and Ethnic Affairs [1997] 190 CLR 225 referred to Applicant S v Minister for Immigration and Multicultural Affairs 206 ALR 242 referred to Applicant S454/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1136 distinguished Branir v Owston Nominees (No 2) Pty Limited (2001) 117 FCR 424 referred to Buck v Bavone (1976) 135 CLR 110 referred to Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293referred to Coulton v Holcombe (1986) 162 CLR 1 applied Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1985) 162 CLR 24 referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Minister for Immigration and Multicultural Affairs v Israelian (2001) 206 CLR 323 referred to Minister for Immigration and Multicultural and Indigenous Affairs v Eshetu (1999) 197 CLR 611 referred to MZQAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 53 referred to R (Sivakumar) v Secretary of State for the Home Department [2003] 1 WLR 840 referred to Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 (2003) 198 ALR 59 referred to Saliba v Minister for Immigration and Ethnic Affairs (1998) 89 FCR 38 referred to VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 referred to Welivita v Minister for Immigration and Ethnic Affairs [1996] FCA 989 referred to SZBAL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 47 of 2005 JACOBSON J 6 MAY 2005 SYDNEY