Federal Court of Australia
FEDERAL COURT OF AUSTRALIA MIGRATION - application for review of decision of Refugee Review Tribunal that the applicant is not a refugee - claim of persecution on the ground of race - whether error of law in relation to the interpretation of the term "race" - consideration of race and language - whether failure to act according to substantial justice and the merits of the case.
Migration Act 1958 (Cth), ss 420, 476 Convention Relating to the Status of Refugees, Art 1 The Commonwealth v Tasmania (1983) 158 CLR 1, considered Australian Conservation Foundation v Forestry Commission (1988) 19 FCR 127, distinguished Eshetu v Minister for Immigration and Ethnic Affairs (1997) 71 FCR 300, applied MATEUS CALADO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 771 OF 1997 TAMBERLIN J SYDNEY 19 DECEMBER 1997
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 771 of 1997
BETWEEN: MATEUS CALADO
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: TAMBERLIN J
DATE OF ORDER: 19 DECEMBER 1997
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal on the question of persecution on the ground of race be set aside. 2. The matter be remitted to the Refugee Review Tribunal for determination in accordance with law on the question of persecution on the ground of race. 3. The respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 771 of 1997
BETWEEN: MATEUS CALADO
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: TAMBERLIN J
DATE: 19 DECEMBER 1997
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