Peiris v Minister for Immigration & Multicultural Affairs [1999] FCA 880

Peiris v Minister for Immigration & Multicultural Affairs [1999] FCA 880

The application fails because, on the Tribunal's factual findings, the harm feared by the applicant was not by reason of political opinion but due to control of a business and personal enmity, and therefore not for a Convention reason; issues as to internal relocation are immaterial.

Parties
First Applicant: Manel Alexander Peiris; Second Applicant: Rani Calista Peiris; Respondent: Minister for Immigration and Multicultural Affairs
Jurisdiction
Australia
Judgment Date
06 August 1999
Procedural Posture
Migration; Judicial Review / Judgment After Hearing of Application for Judicial Review of Tribunal Decision
Outcome
application dismissed with costs
Legal Topics
Protection Visa, Refugee Status, Persecution for Political Opinion, Internal Relocation
Migration Law Protection Visa Refugee Status Persecution for Political Opinion Internal Relocation

Case Brief

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Parties

Manel Alexander Peiris

First Applicant

Rani Calista Peiris

Second Applicant

Minister for Immigration and Multicultural Affairs

Respondent

Procedural Posture

Migration; Judicial Review / Judgment After Hearing of Application for Judicial Review of Tribunal Decision

Legal Issues

  1. 1 Whether persecution due to being a member of a political party necessarily constitutes persecution motivated by political opinion under the Refugees Convention
  2. 2 Whether the Tribunal made an error of law in its approach to causation and relocation under the Convention

Ratio Decidendi

The application fails because, on the Tribunal's factual findings, the harm feared by the applicant was not by reason of political opinion but due to control of a business and personal enmity, and therefore not for a Convention reason; issues as to internal relocation are immaterial.

Court Disposition

application dismissed with costs

Orders

  • The application be dismissed with costs.