Feliciano, Ruben v Minister for Immigration & Ethnic Affairs & Anor [1996] FCA 907

CATCHWORDS ADMINISTRATIVE LAW - statutory appeals from Administrative Authorities to courts - review of decision to refuse applicant refugee status and a protection visa - whether there was evidence or other material to justify the decision - whether decision based on a fact which did not exist. Migration Act 1958 (Cth) ss 475, 476(1)(g) and 476(4) Curragh Queensland Mining Ltd v Daniel & Ors (1992) 34 FCR 212 RUBEN FELICIANO v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS & ANOR No. NG 771 of 1995 CORAM: BRANSON J PLACE: SYDNEY DATE: 18 OCTOBER 1996

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 771 of 1995 GENERAL DIVISION ) BETWEEN: RUBEN FELICIANO Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS First Respondent KAY RANSOME sitting as REFUGEE REVIEW TRIBUNAL Second Respondent CORAM: BRANSON J PLACE: SYDNEY DATE: 18 OCTOBER 1996 MINUTES OF ORDER THE COURT ORDERS THAT: The decision of the Refugee Review Tribunal is affirmed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 771 of 1995 GENERAL DIVISION ) BETWEEN: RUBEN FELICIANO Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS First Respondent KAY RANSOME sitting as REFUGEE REVIEW TRIBUNAL Second Respondent CORAM: BRANSON J PLACE: SYDNEY DATE: 18 OCTOBER 1996 REASONS FOR JUDGMENT APPLICATION By an amended application for review, the applicant seeks judicial review of a decision of the Refugee Review Tribunal ("the RRT") made on 19 September 1995:- (a) not to grant the applicant refugee status; and (b) not to grant the applicant a protection visa. The grounds of the application are expressed as follows:- "i there was no evidence or other material to justify the making of the decision, with the following particulars: