Sarrazola v Minister for Immigration & Multicultural Affairs (No 3) [2000] FCA 919

FEDERAL COURT OF AUSTRALIA

Sarrazola v Minister for Immigration & Multicultural Affairs (No. 3)

[2000] FCA 919

IMMIGRATION – application for review of decision of Refugee Review Tribunal – the usual family can and does constitute a "particular social group" under the Convention – no added requirement that the family be well known in the society – enough if applicants persecuted for reason of family membership notwithstanding they might also be persecuted for inclusion within a wider collection of persons.

WORDS & PHRASES – "particular social group" Migration Act 1958 (Cth) ss 476(1)(e), 476(1)(g), 476(4)(b) Convention relating to the Status of Refugees 1951 Art 1A(2)

Sarrazola v Minister for Immigration and Multicultural Affairs [1999] FCA 101 followed Minister for Immigration and Multicultural Affairs v Sarrazola (1999) 166 ALR 641 discussed Minister for Immigration and Multicultural Affairs v Zamora (1998) 85 FCR 458 applied Martinez v Secretary of State for the Home Department [1997] Imm AR 227 discussed C and S v Minister for Immigration and Multicultural Affairs [1999] FCA 1430 followed Ram v Minister for Immigration and Multicultural Affairs (1995) 57 FCR 565 applied R v Immigration Appeal Tribunal, Ex parte Shah [1999] 2 WLR 1015 applied Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 discussed Gersten v Minister for Immigration and Multicultural Affairs [2000] FCA 855 followed FENNEY SOPHIA REDONDO SARRAZOLA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 192 of 2000

MADGWICK J 23 AUGUST 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 192 of 2000

BETWEEN: FENNEY SOPHIA REDONDO SARRAZOLA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT