Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural Affairs v Sarrazola [2001] FCA 263
MIGRATION – refugees – persecution – whether a family can be a particular social group – whether persecution of a family member because of conduct of another family member is persecution for reasons of membership of a particular social group – whether error of law Migration Act 1958 (Cth) s 476(1)(e) Convention Relating to the Status of Refugees 1951 as amended by the Protocol Relating to the Status of Refugees 1967 Art 1A(2) Sarrazola v Minister for Immigration and Multicultural Affairs [1999] FCA 101 - considered Minister for Immigration and Multicultural Affairs v Sarrazola (1999) 95 FCR 517 - considered Minister for Immigration and Multicultural Affairs v Zamora (1998) 85 FCR 458 - applied C v Minister for Immigration and Multicultural Affairs (1999) 94 FCR 366 – considered Giraldo v Minister for Immigration & Multicultural Affairs [2001] FCA 113 - cited Wang v Minister for Immigration & Multicultural Affairs [2000] FCA 1599 - cited Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 – cited Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 – cited Satheeskumar v Minister for Immigration and Multicultural Affairs [1999] FCA 1285 – cited Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287 – cited Chen v Minister for Immigration and Multicultural Affairs [2000] FCA 1901 - cited Martinez v Secretary of State for Home Department [1997] Imm AR 227 – not followed Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 170 ALR 553 - cited Hope v Bathurst City Council (1980) 144 CLR 1 - cited Gersten v Minister for Immigration and Multicultural Affairs [2000] FCA 855 - cited Repatriation Commission v Owens (1996) 70 ALJR 904 - cited Inderjit Singh v Minister for Immigration and Multicultural Affairs [2001] FCA 73 - cited MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v SARRAZOLA N 983 of 2000 JUDGES: HEEREY, SUNDBERG AND MERKEL JJ DATE: 21 MARCH 2001 PLACE: MELBOURNE (HEARD IN SYDNEY)
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