WABR v Minister for Immigration & Multicultural Affairs

(2002) 121 FCR 196; [2002] FCAFC 124

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Interrogate

Catchwords

1. Immigration
2. › Refugees
3. › Protection visa
4. › Well-founded fear of persecution
5. › Homosexuality as membership of particular social group
6. › Whether criminal penalties for homosexuality constitute persecution per se
7. › Whether Tribunal required to balance severity of penalty against risk of enforcement
8. › Migration Act 1958 (Cth), s 36
1. Immigration
2. › Refugees
3. › Protection visa
4. › Well-founded fear of persecution
5. › Assessment of future risk
6. › Whether Tribunal required to consider possibility of adverse change in enforcement policy
7. › Whether speculation about future change required by 'real chance' test
1. Immigration
2. › Refugees
3. › Protection visa
4. › Well-founded fear of persecution
5. › Requirement of discretion
6. › Whether expectation that homosexual applicant act discreetly amounts to persecution
7. › Whether right to public proclamation of sexuality is essential feature of social group membership

Quick Take

The existence of severe criminal penalties for homosexuality in an applicant's country of origin is insufficient to establish persecution; evidence of actual enforcement risk to the particular applicant is required, and the Tribunal may expect the applicant to exercise discretion.

Case Details

Citation[2002] FCAFC 124

Reported(2002) 121 FCR 196

CourtFCAFC

JurisdictionCommonwealth

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Cited by1

2003S395/2002 v Minister for Immigration and Multicultural AffairsHCA 71

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