Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Castro v Minister for Immigration and Multicultural Affairs [1999] FCA 1676 MIGRATION – Colombian national holding subjective fear of persecution – Refugee Review Tribunal concluded persecution would not be for a Convention reason – no point of principle. RAUL CASTRO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N773 of 1999 MOORE J 1 DECEMBER 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 773 OF 1999
BETWEEN: RAUL CASTRO
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: MOORE J
DATE OF ORDER: 1 DECEMBER 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is dismissed with costs. 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 773 OF 1999
BETWEEN: RAUL CASTRO
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: MOORE J
DATE: 1 DECEMBER 1999
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application by Raul Castro ("the applicant") for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 13 July 1999. The applicant is a 35 year old citizen of Colombia who arrived in Australia on 25 July 1997. On 1 September 1997 he lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs ("the Department"). A criterion for the grant of such a visa is that the applicant is a person to whom Australia has protection obligations under the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 as amended by the Protocol Relating to the Status of Refugees done at New York on 31 January 1967 ("the Convention"): see s 36 of the Migration Act 1958 (Cth)("the Act"). On 22 October 1997 a delegate of the Minister refused to grant a protection visa and on 27 October 1997 the applicant sought review of that decision by the Tribunal. After considering the circumstances of the applicant, the Tribunal affirmed the delegate's decision that the applicant was not a refugee. Art 1A(2) of the Convention contains, for present purposes, the definition of refugee. It provides:
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