Appellant S395/2002 v Minister for Immigration and Multicultural Affairs
Appellant S396/2002 v Minister for Immigration and Multicultural Affairs

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).