Devi, Indra v Minister for Immigration & Multicultural Affairs [1997] FCA 1122

Devi, Indra v Minister for Immigration & Multicultural Affairs [1997] FCA 1122

However any social group was identified, Applicant A confirmed that the Tribunal had to be satisfied that any persecution would be driven by a Convention reason. The Tribunal directed its mind to that question and concluded that the applicant's feared hardship would arise from non-Convention related reasons, so its decision did not involve an error of law.

Jurisdiction
Australia
Judgment Date
28 October 1997
Procedural Posture
Application Under S 476 of the Migration Act 1958 for Judicial Review of a Refugee Review Tribunal Decision / Judgment on Application for Review
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'convention Reasons' 'particular Social Group' 'error of Law' 'judicial Review']
['migration' 'refugee Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'convention Reasons' 'particular Social Group' 'error of Law' 'judicial Review']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under S 476 of the Migration Act 1958 for Judicial Review of a Refugee Review Tribunal Decision / Judgment on Application for Review

Legal Issues

  1. 1 ["Whether the Tribunal's decision involved an error of law under s 476(1)(e) of the Migration Act 1958." "Whether the applicant's feared hardship or persecution in Fiji would be for a Convention reason." 'Whether destitute Indian women, or Indian Fiji women with accreditation letters, formed a particular social group for the purposes of the Refugees Convention.']

Ratio Decidendi

However any social group was identified, Applicant A confirmed that the Tribunal had to be satisfied that any persecution would be driven by a Convention reason. The Tribunal directed its mind to that question and concluded that the applicant's feared hardship would arise from non-Convention related reasons, so its decision did not involve an error of law.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' "The applicant pay the respondent's costs."]