Korizad v Minister for Immigration & Multicultural Affairs [2002] FCA 487

Korizad v Minister for Immigration & Multicultural Affairs [2002] FCA 487

The Tribunal did not err in law as it conducted the necessary qualitative assessment of harm as to whether the applicant suffered persecution for a Convention reason, finding that while there may have been some discrimination, the applicant was not denied employment or seriously restricted in his ability to work due to ethnicity, and thus did not suffer persecution under the Migration Act or Refugee Convention.

Parties
Applicant: Adnan Korizad; Respondent: Minister for Immigration & Multicultural Affairs
Jurisdiction
Australia
Judgment Date
22 April 2002
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Protection Visa, Persecution, Error of Law, Refugee Convention, Discrimination Vs Persecution
Migration Law Protection Visa Persecution Error of Law Refugee Convention Discrimination Vs Persecution

Case Brief

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Parties

Adnan Korizad

Applicant

Minister for Immigration & Multicultural Affairs

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in law in finding that the applicant did not suffer persecution for a Convention reason
  2. 2 Whether denial of, or difficulty in, obtaining employment for a Convention reason constitutes 'persecution' under the Migration Act and Refugee Convention

Ratio Decidendi

The Tribunal did not err in law as it conducted the necessary qualitative assessment of harm as to whether the applicant suffered persecution for a Convention reason, finding that while there may have been some discrimination, the applicant was not denied employment or seriously restricted in his ability to work due to ethnicity, and thus did not suffer persecution under the Migration Act or Refugee Convention.

Court Disposition

application dismissed

Orders

  • The application be dismissed.
  • The applicant pay the respondent's costs of the application.