Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
IMMIGRATION – review of decision of Refugee Review Tribunal – no point of general principle
Migration Act (1976) (Cth)
ANICIA BRIONES v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
ng 465 of 1998
MADGWICK J
SYDNEY
13 AUGUST 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 465 of 1998
BETWEEN: ANICIA BRIONES
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE(S): MADGWICK
DATE OF ORDER: 13 AUGUST 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant is to pay the respondent's costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 465 of 1998
BETWEEN: ANICIA BRIONES
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE(S): MADGWICK
DATE: 13 august 1998
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: The applicant is a 39 year old woman who is a national of the Philippines. She came to Australia on 13 September 1997, and a month later lodged an application for a protection visa, which was refused by the Minister's delegate. The Refugee Review Tribunal refused her application for review to disturb the decision of the delegate. It appears that for about 18 years the applicant worked at a fairly large scale place of employment known as Aris Philippines in Manilla. It seems that the workforce at this workplace was unionised and that the union was dominated by "communist" forces. Apparently the applicant operated as the "eyes and ears" of management reporting on union activities. The union called a strike and the company closed down. New management took over the company and the former employees were not re-hired. Apparently her co-workers and/or union officials blamed her for the failure of the strike and for the plight in which the former employees found themselves. Nevertheless, she claimed also not to be able to find work because she was black listed as a former union member, despite her role on behalf of management at the Aris work site.
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