MZXDQ v Minister for Immigration and Multicultural Affairs [2006] FCA 1632

FEDERAL COURT OF AUSTRALIA

MZXDQ v Minister for Immigration and Multicultural Affairs [2006] FCA 1632

MIGRATION – protection visa – fear of persecution for reason of membership of particular social group or political opinion – imputation of political opinion – whether Refugee Review Tribunal applied too narrow test – whether Tribunal must decide whether person is a member of a particular social group when the reason for the person's fear of persecution is not related to membership Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 cited Applicant S v Minister for Immigration and Multicultural Affairs (2003) 217 CLR 387 cited Balbin v Minister for Immigration and Multicultural Affairs (Lindgren J, 7 December 1998, unreported) cited Canada v Ward [1993] 2 SCR 689 discussed Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 distinguished Morato v Minister for Immigration, Local Government and Ethnic Affairs (1992) 111 ALR 417 cited SZEGA v Minister for Immigration & Multicultural & Indigenous Affairs[2006] FCA 1286 cited Zheng v Minister for Immigration & Multicultural Affairs [2000] FCA 670 cited MZXDQ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL VID 644 of 2006 FINKELSTEIN J

28 NOVEMBER 2006

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID644of 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: MZXDQ

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS and

REFUGEE REVIEW TRIBUNAL

Respondents

JUDGE: FINKELSTEIN J DATE OF ORDER: 28 NOVEMBER 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The name of the first respondent be amended to read "Minister for Immigration and Multicultural Affairs". 2. The appeal be dismissed. 3. The appellant pay the first respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.