Marin v Minister for Immigration & Multicultural Affairs [1999] FCA 826

FEDERAL COURT OF AUSTRALIA

Marin v Minister for Immigration & Multicultural Affairs [1999] FCA 826 JUAN PABLO MANCERA MARIN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NO DG 16 OF 1998 O'LOUGHLIN J 23 JUNE 1999 ADELAIDE (Heard in Darwin)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY DG 16 OF 1998

BETWEEN: JUAN PABLO MANCERA MARIN

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: O'LOUGHLIN J

DATE OF ORDER: 23 JUNE 1999

WHERE MADE: ADELAIDE (Heard in Darwin)

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The applicant pay the respondent's costs which costs are to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY DG 16 OF 1998

BETWEEN: JUAN PABLO MANCERA MARIN

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: O'LOUGHLIN J

DATE: 23 JUNE 1999

PLACE: ADELAIDE (Heard in Darwin)

REASONS FOR JUDGMENT 1 The applicant, Juan Pablo Mancera Marin ("Mr Mancera") came to Australia from his native Colombia on 18 July 1995. He applied for a protection visa pursuant to s 36 of the Migration Act 1958 (Cth) ("the Act"), but not until over two years later on 8 August 1997. On 27 November 1997, a delegate of the respondent, the Minister for Immigration and Multicultural Affairs, ("the Minister") came to the conclusion that Mr Mancera was not a refugee; the delegate subsequently decided that the applicant was not entitled to the grant of a protection visa. 2 Mr Mancera applied to the Refugee Review Tribunal ("the Tribunal") for a review of the delegate's decision. That application was unsuccessful. On 30 September 1998, the Tribunal published its decision and its reasons for affirming the earlier decision of the delegate. The applicant now asks this Court to review the decision of the Tribunal. 3 The prescribed criteria for the grant of a protection visa are set out in subs 36(2) of the Act and cl 866 of Sch 2 to the Migration Regulations: see subs 31(3) and Reg 2.03. Subsection 36(2) of the Act states that the criterion for the grant of a protection visa is that: "… the applicant for the visa is a non-citizen in Australia to whom Australia has protection obligations under the Refugees Convention as amended by the Refugees Protocol."