Appellant S395/2002 v Minister for Immigration and Multicultural Affairs

Appellant S396/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71
Judgment date
Case number
S395/2002
S396/2002
Before
Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan, Heydon JJ
Catchwords

Immigration – Refugees – Particular social group identified as homosexual men in Bangladesh – Whether well-founded fear of persecution – Whether error of law by Refugee Review Tribunal in finding that no real chance of persecution because appellants conducted themselves discreetly and would continue to do so – Whether finding had effect of requiring appellants to act discreetly to avoid persecution – Whether need to act discreetly to avoid serious harm constituted persecution.

Migration Act 1958 (Cth) – s 476(1)(e).

Files
71.rtf (83.32 KB)
71.pdf (148.64 KB)