Minister for Immigration & Multicultural Affairs v Y & Ors [1998] FCA 515
The Tribunal's finding that the respondents suffered persecution due to political opinion, imputed or actually held, and that this persecution was connected to a pervasive aspect of the Brazilian State (corruption within its police force) was open to it on the evidence and disclosed no error of law under s 476(1)(e) of the Migration Act 1958 (Cth).
- Jurisdiction
- Australia
- Judgment Date
- 15 May 1998
- Procedural Posture
- Judicial Review / Federal Court Judgment
- Outcome
- Application dismissed with costs.
- Legal Topics
- ['refugee Status' 'political Opinion Persecution' 'judicial Review' 'statutory Interpretation']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Judicial Review / Federal Court Judgment
Legal Issues
- 1 ["Whether the harm suffered by the respondents constituted persecution for a Convention reason under the Refugees' Convention" 'Whether exposure of police corruption amounted to the expression of political opinion' 'Whether motivation behind harm was related to political opinion or was individualised violence' 'If widespread corruption can be considered an aspect of the state for Convention purposes']
Ratio Decidendi
The Tribunal's finding that the respondents suffered persecution due to political opinion, imputed or actually held, and that this persecution was connected to a pervasive aspect of the Brazilian State (corruption within its police force) was open to it on the evidence and disclosed no error of law under s 476(1)(e) of the Migration Act 1958 (Cth).
Court Disposition
Application dismissed with costs.
Orders
- ['The application be dismissed with costs.']
Full Case Text
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