Ali v Minister for Immigration & Multicultural Affairs [1999] FCA 650

FEDERAL COURT OF AUSTRALIA

Ali v Minister for Immigration & Multicultural Affairs

[1999] FCA 650 MIGRATION – application for judicial review of decision of Refugee Review Tribunal affirming decision not to grant applicant protection visa – error of law – definition of "refugee" in circumstances of civil war – whether error of law vitiating findings of tribunal – "particular social group" – member of family – whether finding of Tribunal that applicant feared persecution as member of his father's family – relocation – whether Tribunal failed to consider whether relocation practically possible WORDS AND PHRASES – "refugee" – "particular social group" Migration Act 1958 (Cth) ss 36(2), 430, 476(1)(a), 476(1)(e) Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565 at 569 cited Morato v Minister for Immigration, Local Government and Ethnic Affairs (1992) 39 FCR 401 cited Adan v Secretary of State for the Home Department [1998] 2 WLR 702 referred to Minister for Immigration and Multicultural Affairs v Abdi [1999] FCA 299 applied Minister for Immigration and Multicultural Affairs v Abdi (Federal Court of Australia, Wilcox J, 23 October 1998, unreported) cited Mohamed v Minister for Immigration and Multicultural Affairs (Federal Court of Australia, Hill J, 11 May 1998, unreported) referred to Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 cited Guo Wei Zhi v Minister for Immigration and Multicultural Affairs (Federal Court of Australia, Burchett, Einfeld and Emmett JJ, 10 December 1998, unreported) cited Sarrazola v Minister for Immigration and Multicultural Affairs [1999] FCA 101 distinguished

WALI HAJI ALI v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

NG 921 OF 1999

LEHANE J

14 MAY 1999

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 921 OF 1999