Ayoub, Joseph v Minister for Immigration & Multicultural Affairs Ayoub, Fady v Minister for Immigration & Multicultural Affairs [1998] FCA 1015

FEDERAL COURT OF AUSTRALIA MIGRATION – appeal from Refugee Review Tribunal ("RRT") – review of RRT decision – whether "well founded fear of persecution" on grounds of political opinion or social group – whether error of law to substitute "real chance" test for Convention term "well founded fear" – Syrian national residing in Lebanon – prolonged absence from Syria – membership of Lebanese Forces – treatment of family on return to Syria – illegal departure from Syria. The Migration Act 1958 (Cth) ss 36, 420, 475, 476, 1951 Convention Relating to the Status of Refugees as amended by the 1967 Protocol Relating to the Status of Refugees Eshetu v Minister for Immigration and Ethnic Affairs (1997) 142 ALR, followed Velmurugu v Minister for Immigration and Ethnic Affairs (unreported 5 November 1997), cited Chen Xin He v Minister for Immigration and Ethnic Affairs, 23 November 1995 (unreported), followed Eshetu v Minister for Immigration and Multicultural Affairs (1997) 145 ALR, distinguished Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR, followed The Minister for Immigration and Ethnic Affairs v A and B (1995), 130 ALR 48, cited Hathaway, The Law of Refugee Status (1991) JOSEPH AYOUB - v - MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 45 OF 1997 AND FADY AYOUB - v - MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 46 OF 1997 TAMBERLIN J SYDNEY 20 AUGUST 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 45 of 1997

BETWEEN: JOSEPH AYOUB

Applicant

AND: MINISTER FOR IMMIGRATION AND

between: MULTICULTURAL AFFAIRS

AND: Respondent

NG 46 of 1997

FAdy ayoub

applicant

minister for immigration

and multicultural affairs