Minister for Immigration & Multicultural Affairs v Gutierrez [1999] FCA 990

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Gutierrez [1999] FCA 990 MIGRATION – Migration Act 1958 (Cth) – well founded fear of persecution – whether civil litigation constitutes persecution - whether action by private company constitutes persecution– whether the Tribunal erred in law in failing to refer to the evidence on which a finding is based Migration Act 1958 (Cth) s 430(1)(d), s 476(1)(a) Convention Relating to the Status of Refugees 1951 Applicant A & Anor v Minister for Immigration and Ethnic Affairs & Anor (1997) 142 ALR 331 at 354 applied MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v FERNANDO GUTIERREZ VG 677 OF 1997 MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v ADRIAN MINAYA VG 678 OF 1997 NORTH J 23 JULY 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 677 OF 1997

BETWEEN: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Applicant

AND: FERNANDO GUTIERREZ

Respondent

JUDGE: NORTH J

DATE OF ORDER: 23 JULY 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal made on 3 November 1997 is set aside. 2. The matter to which the decision relates is referred back to the member of the Refugee Review Tribunal who made the decision for further consideration in accordance with these reasons. 3. The respondent is to pay the applicant's cost of this application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 678 OF 1997

BETWEEN: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Applicant

AND: ADRIAN MINAYA

Respondent

JUDGE: NORTH J