Zayout, Gabi Fouad v Minister for Immigration & Multicultural Affairs [1998] FCA 1420

FEDERAL COURT OF AUSTRALIA

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 83 of 1998

BETWEEN: GABI FOUAD ZAYOUT

Applicant

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

Respondent

JUDGE: HILL J

DATE OF ORDER: 30 OCTOBER 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. There be no order as to 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 83 of 1998

BETWEEN: GABI FOUAD ZAYOUT

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: HILL J

DATE: 30 OCTOBER 1998

PLACE: SYDNEY

EX TEMPORE REASONS FOR JUDGMENT The Applicant, Mr Zayout, applies to the Court to review the decision of the Refugee Review Tribunal ("the Tribunal") affirming a decision of the Respondent Minister not to grant to him a protection visa. Such a visa would be granted to an applicant in circumstances where the Minister or, on review, the Tribunal is satisfied that the Applicant is a person to whom Australia has protection obligations under the United Nations Convention relating to the Status of Refugees 1951 as amended by the Protocol relating to the Status of Refugees 1967. The Applicant submits that the Tribunal in its reasons has made an error of law. The making of such an error is a ground of review under the provisions of s 476(1)(e) of the Migration Act 1958 ("the Act"). The error of law contended for is that the Tribunal in finding that what happened to the Applicant between 1986 until 1994 was not persecution for a Convention reason applied the wrong test in the same way as I found the Tribunal had done in an earlier case: Mohamed Dahir Mohamed v Minister for Immigration and Multicultural Affairs (unreported, 11 May 1998).