Ram v The Minister for Immigration and Ethnic Affairs and the Refugee Review Tribunal [1995] FCA 433

Ram v The Minister for Immigration and Ethnic Affairs and the Refugee Review Tribunal [1995] FCA 433

The appellant did not establish that he was persecuted for reasons of membership of a particular social group; rather, he was targeted individually based on his personal wealth. The evidence did not support the existence of a recognised social group defined solely by wealth or return from abroad with money. Thus, he did not satisfy the requirements of the Convention as incorporated in Australian law.

Jurisdiction
Australia
Judgment Date
27 June 1995
Procedural Posture
Appeal / On Appeal From a Judge of the Federal Court of Australia
Outcome
Appeal dismissed with costs
Legal Topics
['refugee Status' "interpretation of 'particular Social Group'" 'persecution Under the Migration Act 1958']
['immigration Law'] ['refugee Status' "interpretation of 'particular Social Group'" 'persecution Under the Migration Act 1958']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / On Appeal From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the appellant was a refugee under s.4 of the Migration Act 1958 by reason of membership of a particular social group' "Whether 'wealthy Sikhs' or 'villagers returned to the Punjab from a foreign country with money' formed a particular social group for the purposes of the Convention"]

Ratio Decidendi

The appellant did not establish that he was persecuted for reasons of membership of a particular social group; rather, he was targeted individually based on his personal wealth. The evidence did not support the existence of a recognised social group defined solely by wealth or return from abroad with money. Thus, he did not satisfy the requirements of the Convention as incorporated in Australian law.

Court Disposition

Appeal dismissed with costs

Orders

  • ['The appeal be dismissed with costs.']