Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hincapie v Minister for Immigration & Multicultural Affairs [1999] FCA 1526
DAGOBERTO HINCAPIE v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 609 OF 1999 JUDGE: SACKVILLE J PLACE: SYDNEY DATE: 4 NOVEMBER 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 609 OF 1999
BETWEEN: DAGOBERTO HINCAPIE
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: SACKVILLE J
DATE OF ORDER: 4 NOVEMBER 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the proceedings. 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 N 609 OF 1999
BETWEEN: DAGOBERTO HINCAPIE
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: SACKVILLE J
DATE: 4 NOVEMBER 1999
PLACE: SYDNEY
REASONS FOR JUDGMENT
The Application 1 This is an application to review a decision of the Refugee Review Tribunal ("RRT") made on 31 May 1999. The RRT affirmed a decision made by a delegate of the Minister on 8 January 1998, refusing to grant the applicant a protection visa. 2 At the conclusion of the hearing I indicated that I intended to make orders dismissing the application with costs and that I would provide written reasons. The following are the reasons.
Legislation 3 Under s 65(1) of the Migration Act 1958 (Cth) ("Migration Act"), the Minister may grant a visa only if satisfied that the criteria prescribed by the Migration Act or the Migration Regulations have been satisfied. A 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 Convention Relating to the Status of Refugees ("the Convention"): Migration Act, s 36(2). That criterion for a protection visa is fulfilled where, at the time of the decision, the Minister "is satisfied that the applicant is a person to whom Australia has protection obligations under the [Convention]": Migration Regulations 1994 (Cth), Sch 2, reg 866.221. 4 Article 1A(2) of the Convention defines a refugee as a person who "owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it."
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate