Ramirez v Minister for Immigration & Multicultural Affairs [2000] FCA 1000

FEDERAL COURT OF AUSTRALIA

Ramirez v Minister for Immigration & Multicultural Affairs [2000] FCA 1000

MIGRATION – Refugee application – Review of decision of Refugee Review Tribunal – appellant claimed that he feared persecution for reason of his imputed political opinion – whether the Tribunal erred in law in its finding that the appellant's resistance to criminality could not be construed as a political opinion – whether the Tribunal erred in not considering whether the appellant's whole local community was being persecuted because it sought the protection of the army - whether the Tribunal erred in not considering whether the alleged persecution had more than one motivation. Migration Act 1958 (Cth) ss 36, 430, 476

Li Wen Han v Minister for Immigration and Multicultural Affairs [2000] FCA 421 referred to Kundu v Minister for Immigration and Multicultural Affairs [2000] FCA 560 referred to Yilmaz v Minister for Immigration and Multicultural Affairs [2000] FCA 906 referred to Nader v Minister for Immigration & Multicultural Affairs [2000] FCA 908 referred to V v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 355 followed Sarrazola v Minister for Immigration and Multicultural Affairs (1999) 166 ALR 641 followed Minister for Immigration and Multicultural Affairs v Singh [2000] FCA 845 followed Minister for Immigration and Multicultural Affairs v Y (Davies J, 15 May 1998, unreported) followed Canada (Attorney-General) v Ward (1993) 103 DLR (4th) 1 approved GERMAN DARIO AGUDELO RAMIREZ v MINISTER FOR IMMIGRATION AND MULTICULTRUAL AFFAIRS N 94 OF 2000 HILL, MATHEWS & LINDGREN JJ 2 AUGUST 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 94 OF 2000

On appeal from a judge of the Court

BETWEEN: GERMAN DARIO AGUDELO RAMIREZ

APPLICANT