NAFP v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 241
The threat or act of suicide by the applicant’s mother would not amount to persecution within the meaning of the Convention, as it does not involve harm by the state or its agents, nor does it involve the state's failure to protect the applicant for a Convention reason.
- Jurisdiction
- Australia
- Judgment Date
- 13 March 2003
- Procedural Posture
- Judicial Review / Federal Court Judgment of Judicial Review of Refugee Review Tribunal Decision
- Outcome
- Application for judicial review dismissed
- Legal Topics
- ['protection Visas' 'refugee Law' 'judicial Review' 'definition of Persecution']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Judicial Review / Federal Court Judgment of Judicial Review of Refugee Review Tribunal Decision
Legal Issues
- 1 ['Whether the Tribunal erred in failing to consider if the applicant’s mother’s threat of suicide could constitute persecution within the Convention' 'Whether the decision involved an error of law or lack of jurisdiction' "Whether the Tribunal's findings about the applicant's credibility or risk in Bangladesh involved a jurisdictional error"]
Ratio Decidendi
The threat or act of suicide by the applicant’s mother would not amount to persecution within the meaning of the Convention, as it does not involve harm by the state or its agents, nor does it involve the state's failure to protect the applicant for a Convention reason.
Court Disposition
Application for judicial review dismissed
Orders
- ['Application dismissed' "Applicant to pay the respondent's costs of the application"]
Full Case Text
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