Minister for Immigration & Multicultural Affairs v Zamora, Deyse Paquita Cedeno [1998] FCA 913

Minister for Immigration & Multicultural Affairs v Zamora, Deyse Paquita Cedeno [1998] FCA 913

The Refugee Review Tribunal's doubt that professional accredited tourist industry workers or certified tourist guides in Ecuador were a particular social group was well founded. In any event, the Tribunal's findings showed that the criminal elements targeted Ms Zamora because she could assist them to obtain money by theft from tourists, not because of her professionalism, accreditation, or membership of any group. Those findings were incompatible with a well-founded fear of persecution for reasons of membership of a particular social group and disclosed no error of law.

Jurisdiction
Australia
Judgment Date
05 August 1998
Procedural Posture
Immigration Appeal Concerning an Application for a Protection Visa / Appeal to the Full Court From Orders of Madgwick J Setting Aside the Refugee Review Tribunal Decision
Outcome
Appeal allowed; orders of Madgwick J set aside; Refugee Review Tribunal decision affirmed.
Legal Topics
['protection Visa' 'membership of a Particular Social Group' 'occupational Group as Social Group' 'convention Reason for Persecution' 'internal Flight']
['immigration' 'refugee Law' 'administrative Law'] ['protection Visa' 'membership of a Particular Social Group' 'occupational Group as Social Group' 'convention Reason for Persecution' 'internal Flight']

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Procedural Posture

Immigration Appeal Concerning an Application for a Protection Visa / Appeal to the Full Court From Orders of Madgwick J Setting Aside the Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether Ms Zamora met the criterion in s 36(2) of the Migration Act 1958 (Cth) for the grant of a protection visa.' 'Whether professional accredited tourist industry workers or certified tourist guides with the Ecuadorian Tourist Commission constituted a particular social group within Art 1A(2) of the Refugees Convention.' 'Whether Ms Zamora had a well-founded fear of being persecuted for reasons of membership of a particular social group.' 'Whether the Refugee Review Tribunal made an error of law in its treatment of the asserted social group, the reason for persecution, or internal flight.']

Ratio Decidendi

The Refugee Review Tribunal's doubt that professional accredited tourist industry workers or certified tourist guides in Ecuador were a particular social group was well founded. In any event, the Tribunal's findings showed that the criminal elements targeted Ms Zamora because she could assist them to obtain money by theft from tourists, not because of her professionalism, accreditation, or membership of any group. Those findings were incompatible with a well-founded fear of persecution for reasons of membership of a particular social group and disclosed no error of law.

Court Disposition

Appeal allowed; orders of Madgwick J set aside; Refugee Review Tribunal decision affirmed.

Orders

  • ['The appeal be allowed.' 'The orders of Madgwick J of 5 September 1997 be set aside and in lieu thereof the decision of the Refugee Review Tribunal be affirmed.' "The applicant have liberty to file and serve written submissions on costs within seven (7) days of today's date." 'The respondent have liberty to file...