Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
El Merhabi v Minister for Immigration & Multicultural Affairs [2000] FCA 42 MIGRATION – application for judicial review of decision of Refugee Review Tribunal not to grant protection visa – whether there was error of law in regarding individual greed and lust, by which attacks were motivated, as inconsistent with those attacks being acts of persecution – whether rape of his wife and injury to his unborn child could be persecution of a husband – whether Tribunal erred in law by requiring an applicant to be "targeted" for a Convention reason, or whether it was sufficient he was a member of a group so targeted – whether Tribunal erred in law in regarding a "bashing" during detention as "a random, callous act by an individual" rather than an act of persecution – effect of evidence of a single persecutory act – whether, in the case of a member of an occupying force, his personal cruelty or lust can quarantine his act from the whole activity of suppression of which it forms part.
Migration Act 1958 (Cwth), s 476 Perampalam v Minister for Immigration and Multicultural Affairs (1999) 55 ALD 431 Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 160 ALR 24 Mohamed v Minister for Immigration and Multicultural Affairs (1998) 51 ALD 666 RACHID El MERHABI & NABIHA EL MERHABI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS NG 1054 of 1998 BURCHETT J SYDNEY 1 FEBRUARY 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1054 of 1998
BETWEEN: RACHID EL MERHABI AND NABIHA EL MERHABI
Applicants
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: BURCHETT J
DATE OF ORDER: 1 FEBRUARY 2000
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