Zair, Malek v Minister for Immigration & Multicultural Affairs [1998] FCA 1673

Zair, Malek v Minister for Immigration & Multicultural Affairs [1998] FCA 1673

There was no error in the Tribunal's conclusion that the harm feared by the Applicant was not for a Convention reason but arose from the particular circumstances of his brother's conduct and his own refusal to accept the arrangement made by his father. There was no basis for finding that he would be harmed by reason of membership of his family. In addition, the Syrian authorities had prosecuted and punished the perpetrators, and there was no evidence that Syria would not afford such protection as its law permitted. The application was therefore dismissed.

Jurisdiction
Australia
Judgment Date
03 December 1998
Procedural Posture
Application for an Order of Review of a Refugee Review Tribunal Decision / Ex Tempore Reasons for Judgment
Outcome
Application dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'convention Reason' 'particular Social Group' 'state Protection' 'judicial Review']
['migration Law' 'refugee Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Review' 'convention Reason' 'particular Social Group' 'state Protection' 'judicial Review']

Case Brief

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Procedural Posture

Application for an Order of Review of a Refugee Review Tribunal Decision / Ex Tempore Reasons for Judgment

Legal Issues

  1. 1 ['Whether the Applicant had a well founded fear of being persecuted for a Convention reason, namely membership of a particular social group constituted by his family.' "Whether the feared harm arose because of the Applicant's membership of his family or because of the particular circumstances involving his brother's conduct and his refusal to marry the woman." 'Whether the Applicant was unable or unwilling, because of fear of persecution, to avail himself of the protection of Syria.' "Whether there was any reviewable error in the Tribunal's decision."]

Ratio Decidendi

There was no error in the Tribunal's conclusion that the harm feared by the Applicant was not for a Convention reason but arose from the particular circumstances of his brother's conduct and his own refusal to accept the arrangement made by his father. There was no basis for finding that he would be harmed by reason of membership of his family. In addition, the Syrian authorities had prosecuted and punished the perpetrators, and there was no evidence that Syria would not afford such protection as its law permitted. The application was therefore dismissed.

Court Disposition

Application dismissed.

Orders

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