Applicant S320 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 197

Applicant S320 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 197

There was no jurisdictional error by the Tribunal or the Federal Magistrate as any harm the applicant might suffer was not selective or discriminatory, and thus did not amount to persecution under the Convention.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 March 2006
Procedural Posture
Appeal / Judgment on Appeal From Federal Magistrates Court
Outcome
Appeal dismissed
Legal Topics
['judicial Review' 'protection Visas' 'refugee Status' 'jurisdictional Error']
['administrative Law' 'migration Law'] ['judicial Review' 'protection Visas' 'refugee Status' 'jurisdictional Error']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Judgment on Appeal From Federal Magistrates Court

Legal Issues

  1. 1 ["Whether Tribunal erred in its consideration of the applicant's claim to a well-founded fear of persecution in Bangladesh" 'Whether harm faced constituted persecution for a Convention reason' "Whether Tribunal failed to consider the State's role in protection against violence"]

Ratio Decidendi

There was no jurisdictional error by the Tribunal or the Federal Magistrate as any harm the applicant might suffer was not selective or discriminatory, and thus did not amount to persecution under the Convention.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondents' costs."]