Yaqub, Irfan v Minister for Immigration & Multicultural Affairs [1998] FCA 1539

FEDERAL COURT OF AUSTRALIA

MIGRATION – application for review of decision of Refugee Review Tribunal ("RRT") – whether applicant is refugee within Convention definition – persecution – meaning of "systematic conduct" – whether single act of oppression is persecution – selective harassment – failure to act according to substantial justice – failure to make a finding as to genuiness of letters - possibility of reasonable relocation – failure to give reasons.

Migration Act 1998 (Cth) ss 420, 430 and 476 1951 Convention Relating to the Status of Refugees as amended by the 1967 Protocol Relating to the Status of Refugees Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, followed; Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, distinguished; Eshetu v Minister for Immigration and Ethnic Affairs (1997) 145 ALR 621, followed. IRFAN YAQUB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

NG 875 OF 1998 TAMBERLIN J SYDNEY 2 DECEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 875 of 1998

BETWEEN: IRFAN YAQUB

Applicant

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

Respondent

JUDGE: TAMBERLIN J

DATE OF ORDER: 2 december 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for review is granted. 2. The orders made by the RRT are set aside. 3 The matter is remitted to the RRT for determination in accordance with law. 4. The respondent is to pay the applicant's 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 875 of 1998

BETWEEN: IRFAN YAQUB

Applicant

AND: MINISTER FOR IMMIGRATION