Lupac, Teresita & Anor v Minister for Immigration & Multicultural Affairs Lupac, Alberto & Anor v Minister for Immigration & Multicultural Affairs [1998] FCA 1490

FEDERAL COURT OF AUSTRALIA MIGRATION - appeal from Refugee Review Tribunal ("RRT") decision refusing refugee status – whether the decision involved an error of law being and error involving an incorrect application of the law to the facts as found – whether the RRT properly came to a conclusion that there was no claim for persecution of the applicants as members of a particular social group – whether RRT had an obligation to give reasons for its decision Migration Act 1958 (Cth), s 476(1)(e) Applicant A v Minister for Immigration and Ethnic Affairs and Anor (1997) 192 CLR 225, cited Jahazi v Minister for Immigration and Ethnic Affairs (1985) 61 FCR 293, cited Brackenreg v Comcare Australia (1995) 56 FCR 335 cited

TERESITA LUPAC & ANOR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 602 of 1998

ALBERTO and MARY ANTOINETTE LUPAC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 696 of 1998 O'CONNOR J SYDNEY

24 NOVEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 602 of 1998

BETWEEN: TERESITA LUPAC

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 696 of 1998

BETWEEN: ALBERTO and MARY ANTOINETTE LUPAC

APPLICANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: O'CONNOR J

DATE OF ORDER: 24 NOVEMBER 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decisions of the Refugee Review Tribunal dated 21 May 1998 and 10 June 1998 respectively be set aside and remitted back to the Tribunal for reconsideration according to law. 2. The respondent pay the applicants' costs.

NOTE: SETTLEMENT AND ENTRY OF ORDERS IS DEALT WITH IN ORDER 36 OF THE FEDERAL COURT RULES.