Minister for Immigration & Multicultural Affairs v Z [1998] FCA 516

Minister for Immigration & Multicultural Affairs v Z [1998] FCA 516

The Tribunal's findings were open on the accepted evidence: Z had opposed and reported corrupt police conduct, the harm to him and his family was connected with that stance, and the Tribunal understood the distinction between harm from individual police officers and harm from an instrument of the State because Z's activities could be seen as a threat to the exercise of State power in Brazil. No error of law under s 476 was shown, so the application for review was dismissed.

Jurisdiction
Australia
Judgment Date
15 May 1998
Procedural Posture
Application for Review Under S 476 of the Migration Act 1958 (cth) of a Refugee Review Tribunal Decision / Federal Court Judicial Review of Tribunal Decision Remitting the Matter With a Direction That the Respondents Were Persons to Whom Australia Has Convention Obligations
Outcome
Application dismissed with costs.
Legal Topics
['well Founded Fear of Persecution' 'political Opinion' 'police Corruption' 'state Protection' 'judicial Review for Error of Law']
['migration Law' 'refugee Law' 'administrative Law'] ['well Founded Fear of Persecution' 'political Opinion' 'police Corruption' 'state Protection' 'judicial Review for Error of Law']

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Procedural Posture

Application for Review Under S 476 of the Migration Act 1958 (cth) of a Refugee Review Tribunal Decision / Federal Court Judicial Review of Tribunal Decision Remitting the Matter With a Direction That the Respondents Were Persons to Whom Australia Has Convention Obligations

Legal Issues

  1. 1 ["Whether the Refugee Review Tribunal made a reviewable error of law in finding that the respondents were refugees within Article 1A(2) of the Refugees' Convention." 'Whether harm threatened by corrupt police officers in Brazil was individualised violence or persecution for a Convention reason.' "Whether Z's opposition to and reporting of police corruption amounted to expression of a political opinion against the Brazilian state or its instruments." "Whether Z's wife and daughter were at risk for reasons connected with Z's political opinion and their relationship with him."]

Ratio Decidendi

The Tribunal's findings were open on the accepted evidence: Z had opposed and reported corrupt police conduct, the harm to him and his family was connected with that stance, and the Tribunal understood the distinction between harm from individual police officers and harm from an instrument of the State because Z's activities could be seen as a threat to the exercise of State power in Brazil. No error of law under s 476 was shown, so the application for review was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed with costs.']