Giraldo v Minister for Immigration & Multicultural Affairs [2001] FCA 113

FEDERAL COURT OF AUSTRALIA Giraldo v Minister for Immigration & Multicultural Affairs [2001] FCA 113 IMMIGRATION – refugees – Refugee Review Tribunal – finding that applicant not at risk of persecution by reason of political opinion – whether failure to set out findings on material facts – whether evidence to support findings – unrepresented applicant failed to raise claim to fear persecution by reason of membership of particular social group – whether Tribunal erred in failing to consider persecution for that reason – whether extended family can constitute a "particular social group" – whether findings of fact made any error immaterial.

Migration Act 1958 (Cth), ss 430(1)(c), 476(1)(a), 476(1)(e), 476(1)(g), 476(4)(b).

Minister for Immigration and Multicultural Affairs v Wu Shan Liang (1996) 185 CLR 259, cited. Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469, applied. Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, cited. Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 170 ALR 553, cited. Gersten v Minister for Immigration and Multicultural Affairs [2000] FCA 855, cited. Pat Toi Choi v Minister for Immigrationa and Multicultural Affairs (unreported, Lindgren J, 2 December 1998), cited. Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212, cited. Sarrazola v Minister for Immigration and Multicultural Affairs [1999] FCA 101, considered. Minister for Immigration and Multicultural Affairs v Sarrazola (1999) 95 FCR 517, followed. Applicant 'A' v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225, cited. Minister for Immigrigation and Multicultural Affairs v Zamora (1998) 85 FCR 458, cited. Guo Wei Zhi v Minister for Immigration and Multicultural Affairs (unreported, Full Court, 10 December 1998), cited. Martinez v Secretary of State for the Home Department [1997] Imm AR 227, not followed. C v Minister for Immigration and Multicultural Affairs (1999) 94 FCR 366, considered. Sarrazola v Minister for Immigration and Multicultural Affairs (No 3) [2000] FCA 919, cited. Saliba v Minister for Immigration and Ethnic Affairs (1998) 89 FCR 38, followed. Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28, cited. Meadows v Minister for Immigration and Multicultural Affairs (1998) 90 FCR 370, cited. Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321, followed. EVERT HAIDEN GIRALDO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 876 of 2000 SACKVILLE J SYDNEY 23 FEBRUARY 2001