C and S v Minister for Immigration & Multicultural Affairs [1999] FCA 1430

FEDERAL COURT OF AUSTRALIA C and S v Minister for Immigration & Multicultural Affairs [1999] FCA 1430

ADMINISTRATIVE LAW – Immigration - Protection visa – Refugee claims by members of Colombian family – Husband's fear of persecution on account of his exposure of criminal activities involving public officials and police – Whether this fear is capable of being regarded as referable to "political opinion" – Failure of Tribunal member to deal with issue – Claimed fear by wife and husband's mother on account of their relationship to husband – Whether this fear is capable of being regarded as arising out of membership of a "particular social group" – Whether a family may constitute a "particular social group" – Failure of Tribunal to consider whether persecution arose out of membership of husband's family. Migration Act 1958, s430(1)(b) C and S v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N556 of 1999 WILCOX J 20 OCTOBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N556 of 1999

BETWEEN: C

First Applicant

S

Second Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: WILCOX J

DATE OF ORDER: 20 OCTOBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decisions of the Refugee Review Tribunal in respect of applications N97/19814 and N98/24283 be set aside and both applications be remitted to the Tribunal for redetermination. 2. The Minister for Immigration and Multicultural Affairs pay the costs of the applicants, C and S, in respect of this proceeding.

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 N556 of 1999

BETWEEN: C