Applicant S116/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 618

FEDERAL COURT OF AUSTRALIA

Applicant S116/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 618

MIGRATION – protection visa – application for leave to appeal against decision of Federal Magistrate dismissing application for order nisi – whether Tribunal erred in assessing seriousness of harm – whether Tribunal applied wrong test under s 91R(1)(a) of Migration Act 1958 (Cth) in relation to essential and significant reason – whether Tribunal failed to consider claim that State was complicit in or condoned or tolerated harm – whether Tribunal's decision infected by error due to statement in relation to avoidance of harm – leave to appeal not granted NAHQ v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 134 FCR 377 cited Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 cited Minister for Immigration and Multicultural and Indigenous Affairs v SZANS [2005] FCAFC 41 cited Minister for Immigration and Multicultural and Indigenous Affairs v Kord (2002) 125 FCR 68 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 at 259 cited W396/01 v Minister for Immigration and Multicultural Affairs (2002) 68 ALD 69 cited SAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 65 cited Appellant S395 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 cited Applicant NABD of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 216 ALR 1 cited APPLICANT S116/2003 v Minister for Immigration and Multicultural and Indigenous Affairs and REFUGEE REVIEW TRIBUNAL NSD 108 OF 2006 YOUNG J 8 MAY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA