Parra v Minister for Immigration & Multicultural Affairs 2000 [FCA] 85

FEDERAL COURT OF AUSTRALIA Parra v Minister for Immigration & Multicultural Affairs 2000 [FCA] 85 MIGRATION – Refugee application – Applicant claimed fear of persecution on account of her political opinion and political activities – Claim rejected by Tribunal – No challenge to that decision – Application for review on basis that Tribunal failed to give effect to an alternative case raised by the material before the Tribunal: fear of persecution on account of membership of a particular social group – Claim of rape of applicant on account of husband's political activities – Whether wives of political activists may constitute a "particular social group" – Whether family constituted by applicant, her husband and their two children may be a "particular social group" – Effect on this matter of Tribunal not being satisfied about husband's alleged political activities – Effect of Tribunal not being satisfied that State would refuse protection.

Migration Act 1958, s476

GANET VIBLIANA GRANJA PARRA, JOHANNA ANDREA BASANTES GRANJA and CHRISTIAN ALEJANDRO BASANTES GRANJA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N1171 of 1999 WILCOX J SYDNEY 11 FEBRUARY 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1171 of 1999

BETWEEN: GANET VIBLIANA GRANJA PARRA, JOHANNA ANDREA BASANTES GRANJA and CHRISTIAN ALEJANDRO BASANTES GRANJA

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: WILCOX J

DATE OF ORDER: 11 FEBRUARY 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The first applicant, Ganet Vibliana Granja Parra, pay the costs of the application incurred by the respondent, Minister for Immigration and Multicultural Affairs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.