Federal Court of Australia
FEDERAL COURT OF AUSTRALIA IMMIGRATION – Migration Act 1958 (Cth) – application for protection visa – Respondent harmed in the course of her employment as a tourist guide in Ecuador – whether Respondent suffered persecution for reasons of "membership of a particular social group" within the meaning of the Refugees Convention and Protocol – meaning of "particular social group" - relationship between occupational group and social group.
Applicant A v Minister for Immigration and Ethnic Affairs (1997) 142 ALR 331 considered and applied. MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v DEYSE PAQUITA CEDENO ZAMORA NG 785 OF 1997
black cj, BRANSON and finkelstein jJ
SYDNEY
5 August 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 785 of 1997
BETWEEN: MINISTER FOR IMMIGRATION AND MUTICULTURAL AFFAIRS
Applicant
AND: DEYSE PAQUITA CEDENO ZAMORA
Respondent
JUDGE(S): BLACK CJ, BRANSON AND FINKELSTEIN JJ
DATE OF ORDER: 5 August 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be allowed 2. The orders of Madgwick J of 5 September 1997 be set aside and in lieu thereof the decision of the Refugee Review Tribunal be affirmed.
AND DIRECTS THAT:
3. The applicant have liberty to file and serve written submissions on costs within seven (7) days of today's date; and
4. The respondent have liberty to file and serve submissions on costs within five (5) days of the service on her of the written submissions of the applicant.
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 785 of 1997
BETWEEN: MINISTER FOR IMMIGRATION AND MUTICULTURAL AFFAIRS
Applicant
AND: DEYSE PAQUITA CEDENO ZAMORA
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