Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mendis v Minister for Immigration & Multicultural Affairs [2000] FCA 114 MIGRATION – Migration Act 1958 (Cth) – application for protection visa – whether error of law – gender based harm – whether capable of amounting to persecution – whether harm at hands of individuals capable of amounting to persecution – need for identification of particular social group – identification of reason for persecution Migration Act 1958 (Cth) Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225, followed Khawar v Minister for Immigration and Multicultural Affairs [1999] FCA 1529, referred to Minister for Immigration and Multicultural Affairs v Sarrazola [1999] FCA 1134; (1999) 166 ALR 641, followed NIROSHA RAJINI MENDIS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1381 of 1999 BRANSON J SYDNEY 18 FEBRUARY 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1381 of 1999
BETWEEN: NIROSHA RAJINI MENDIS
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: BRANSON J
DATE OF ORDER: 18 FEBRUARY 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal be set aside. 2. The matter be remitted to the Refugee Review Tribunal for further consideration according to law. 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 N1381 of 1999
BETWEEN: NIROSHA RAJINI MENDIS
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: BRANSON J
DATE: 18 FEBRUARY 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 This is an application under s 476(1) of the Migration Act 1958 (Cth) ("the Act") for review by the Court of a decision of the Refugee Review Tribunal ("the Tribunal"). By its decision the Tribunal affirmed a decision of a delegate of the respondent not to grant the applicant, Nirosha Rajini Mendis ("Ms Mendis"), a protection visa (s 36 of the Act). 2 Although Ms Mendis was legally represented before this Court, she appeared without assistance before the Tribunal. 3 A criterion for a protection visa is that the decision maker is satisfied that the applicant is a person to whom Australia has protection obligations under the 1951 Convention relating to the Status of Refugees as amended by the 1967 Protocol relating to the Status of Refugees (hereafter together referred to as "the Convention") (Schedule 2 to the Migration Regulations cl 866.221). Australia has protection obligations to Ms Mendis under the Convention if she is a person who:
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