Federal Court of Australia
FEDERAL COURT OF AUSTRALIA IMMIGRATION LAW - Migration Act 1958 (Cth) - review of decision of Refugee Review Tribunal - whether applicant had a real chance of suffering persecution in Sri Lanka by reason of his membership of a particular social group - relevant groups alleged to be those comprising Sri Lankan business people and the applicant's family - meaning of "a particular social group".
Migration Act 1958 (Cth), ss 475, 476 "Applicant A" v Minister for Immigration and Ethnic Affairs (1997) 142 ALR 331, followed Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565, cited MURSITH MAHUROOF v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 517 of 1997 BRANSON J SYDNEY 13 MARCH 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 517 of 1997
BETWEEN: MURSITH MAHUROOF
Applicant
AND: the minister for immigration and multicultural affairs
JUDGE(S): BRANSON J
DATE OF ORDER: 13 MARCH 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 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 517 of 1997
BETWEEN: MURSITH MAHUROOF
Applicant
AND: the minister for immigration and multicultural affairs
JUDGE(S): BRANSON J
DATE: 13 march 1998
PLACE: SYDNEY
REASONS FOR JUDGMENT INTRODUCTION This is an application under s 476 of the Migration Act 1958 (Cth) ("the Act") for review of a judicially-reviewable decision, namely a decision of the Refugee Review Tribunal (see s 475 of the Act). On 6 June 1997, the Refugee Review Tribunal ("the Tribunal") affirmed a decision made by a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister") to refuse to grant the applicant a protection visa. For practical purposes, a person is entitled to a protection visa if the Minister is satisfied that he or she is a person to whom Australia has protection obligations under the 1951 Convention relating to the Status of Refugees as amended by the 1967 Protocol relating to the Status of Refugees ("the Refugees Convention").
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