Applicant S262 of 2003 v Minister for Immigration, Multicultural and Indigenous Affairs [2006] FCA 92

FEDERAL COURT OF AUSTRALIA

Applicant S262 of 2003 v Minister for Immigration, Multicultural and Indigenous Affairs [2006] FCA 92 MIGRATION – fear of harm by guerrilla group – claim that failure of State to provide protection constitutes persecution for a Convention reason – claim not addressed by Tribunal - whether claim discernable on application and material before Tribunal – Tribunal finding that reasonable to relocate – whether relocation finding constitutes an independent reason for decision

Migration Act 1958 (Cth)

Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 applied Applicant S v Minister for Immigration, Multicultural and Indigenous Affairs (2004) 206 ALR 242 referred to Bhupinder Singh v Minister for Immigration and Multicultural Affairs [2000] FCA 1014 at [30] cited Minister for Immigration, Multicultural and Indigenous Affairs v Khawar (2002) 210 CLR 1 discussed NABE v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 144 FCR 1 cited Ram vMinister for Immigration and Ethnic Affairs (1995) 57 FCR 565 referred to Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 referred to Singh v Minister for Immigration and Multicultural and Indigenous Affairs (2000) FCA 1706 referred to VBAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 965 cited VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 cited

Applicant S262 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs and Refugee Review Tribunal

NSD 1321 of 2005

JACOBSON J

SYDNEY

16 FEBRUARY 2006

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1321 of 2005

On appeal from a decision of Federal Magistrate Nicholls

BETWEEN: APPLICANT S262 OF 2003