Kabail, Roda & Ors v Minister for Immigration & Multicultural Affairs [1998] FCA 1074

Kabail, Roda & Ors v Minister for Immigration & Multicultural Affairs [1998] FCA 1074

The Tribunal erred in law by requiring the applicants to prove a 'course of systematic conduct'—the absence of system does not preclude a finding of persecution if acts are motivated by a Convention ground; the matter should be reconsidered applying the correct test.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 September 1998
Procedural Posture
Appeal From Refugee Review Tribunal / Judgment on Application for Judicial Review
Outcome
Appeal allowed. Tribunal decision set aside and matter remitted for reconsideration.
Legal Topics
['refugee Status Determination' 'well Founded Fear of Persecution' "interpretation of 'persecution'" 'systematic Conduct Requirement' 'convention Grounds']
['immigration Law' 'refugee Law'] ['refugee Status Determination' 'well Founded Fear of Persecution' "interpretation of 'persecution'" 'systematic Conduct Requirement' 'convention Grounds']

Source-derived case record

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Procedural Posture

Appeal From Refugee Review Tribunal / Judgment on Application for Judicial Review

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal erred in law under s 476(1)(e) of the Migration Act 1958' "Whether applicants were required to show a 'course of systematic conduct' directed against them or their clan to meet the Convention definition of a refugee"]

Ratio Decidendi

The Tribunal erred in law by requiring the applicants to prove a 'course of systematic conduct'—the absence of system does not preclude a finding of persecution if acts are motivated by a Convention ground; the matter should be reconsidered applying the correct test.

Court Disposition

Appeal allowed. Tribunal decision set aside and matter remitted for reconsideration.

Orders

  • ['The decision of the Refugee Review Tribunal be set aside.' 'The matter be remitted to the Refugee Review Tribunal, differently constituted, for determination according to law.' "The respondent pay the applicants' costs of the application."]