Vargas v Minister for Immigration & Multicultural Affairs [2001] FCA 1025

FEDERAL COURT OF AUSTRALIA

Vargas v Minister for Immigration & Multicultural Affairs [2001] FCA 1025

MIGRATION – protection visa – review of Refugee Review Tribunal refusing visa – applicants claimed they would suffer persecution by a relative for reasons of political opinion – whether jurisdictional error - whether failure to consider applicants' claims of political persecution – whether an error of law in consideration of so-called agents of persecution principle – whether Tribunal erred in its consideration of whether the applicants could relocate within the Philippines

Migration Act 1958, s 36, s 476(1) Migration Regulations, Schedule 2, clause 866.221

Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 discussed Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 referred Craig v State of South Australia (1995) 184 CLR 163 referred Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 referred Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 referred Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 referred Abebe v Commonwealth (1999) 197 CLR 510 referred Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred CHARLIE VARGAS & ORS v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 206 of 2000 KENNY J 1 AUGUST 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 206 OF 2000

BETWEEN: CHARLIE VARGAS

First Applicant

LYLE BRANOTT VARGAS

Second Applicant

ANGELITA VARGAS

Third Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: KENNY J