Ramirez v Minister for Immigration & Multicultural Affairs [2000] FCA 1000

Ramirez v Minister for Immigration & Multicultural Affairs [2000] FCA 1000

The Tribunal addressed the material issues and made a factual finding that the ELN's conduct toward the appellant and others was motivated by profit rather than politics. It rejected any causal connection between the appellant's involvement in seeking army protection and persecution for actual or imputed political opinion. On those findings, the alleged persecution, including any group persecution theory not expressly advanced before the Tribunal, was not for a Convention reason. No error of law under s 476(1)(e), or procedural failure under ss 476(1)(a) and 430(1) of the Migration Act 1958 (Cth), was shown.

Jurisdiction
Australia
Judgment Date
02 August 2000
Procedural Posture
Migration Appeal Concerning Refusal of a Protection Visa and Review of a Refugee Review Tribunal Decision / Appeal From a Judge of the Federal Court Dismissing an Application for Review Under S 476 of the Migration Act 1958 (cth)
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'well Founded Fear of Persecution' 'political Opinion' 'imputed Political Opinion' 'extortion by Guerrilla Group' 'convention Nexus' 'internal Relocation' 'reasons for Decision']
['migration Law' 'refugee Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'well Founded Fear of Persecution' 'political Opinion' 'imputed Political Opinion' 'extortion by Guerrilla Group' 'convention Nexus' 'internal Relocation' 'reasons for Decision']

Case Brief

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Procedural Posture

Migration Appeal Concerning Refusal of a Protection Visa and Review of a Refugee Review Tribunal Decision / Appeal From a Judge of the Federal Court Dismissing an Application for Review Under S 476 of the Migration Act 1958 (cth)

Legal Issues

  1. 1 ["Whether the Tribunal erred in law in finding that the appellant's resistance to ELN criminality could not be construed as a political opinion." "Whether the Tribunal failed to consider whether the appellant's local community was persecuted because it sought the protection of the army." 'Whether the Tribunal failed to consider whether the alleged persecution had more than one motivation.' 'Whether any error concerning internal relocation arose if the appellant succeeded on the Convention nexus issue.']

Ratio Decidendi

The Tribunal addressed the material issues and made a factual finding that the ELN's conduct toward the appellant and others was motivated by profit rather than politics. It rejected any causal connection between the appellant's involvement in seeking army protection and persecution for actual or imputed political opinion. On those findings, the alleged persecution, including any group persecution theory not expressly advanced before the Tribunal, was not for a Convention reason. No error of law under s 476(1)(e), or procedural failure under ss 476(1)(a) and 430(1) of the Migration Act 1958 (Cth), was shown.

Court Disposition

Appeal dismissed with costs.

Orders

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