Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chachoua v Minister for Immigration & Multicultural Affairs [2000] FCA 623
MIGRATION – refugees – protection visa – well-founded fear of persecution – imputed political opinion. Migration Act 1958 (Cth) ss 65, 476, 476(1)(d), 476(1)(e), 476(1)(f), 476(1)(g), 476(3)(c), 476(4) Migration Regulations Sch 2 (items 866.22, 866.111) Minister for Immigration and Multicultural Affairs v Savvin [2000] FCA 478 referred to Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 referred to
1951 Convention relating to the Status of Refugees 1967 Protocol relating to the Status of Refugees MOURAD CHACHOUA v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 120 OF 1999
LEE J 12 MAY 2000 SYDNEY (HEARD IN PERTH)
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 120 OF 1999
BETWEEN: MOURAD CHACHOUA
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: LEE J
DATE OF ORDER: 12 MAY 2000
WHERE MADE: SYDNEY (HEARD IN PERTH)
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 120 OF 1999
BETWEEN: MOURAD CHACHOUA
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: LEE J
DATE: 12 MAY 2000
PLACE: SYDNEY (HEARD IN PERTH)
REASONS FOR JUDGMENT 1 This is an application under s 476 of the Migration Act 1958 (Cth) ("the Act") for review of a decision of the Refugee Review Tribunal ("the Tribunal") made on 29 September 1999 which affirmed a decision of a delegate of the respondent ("the Minister") not to grant a protection visa to the applicant. The applicant, who is an Algerian citizen, left Algeria in June 1998 and travelled to South Africa on a visitor's visa issued in Algeria. He did not apply for refugee status in South Africa. He obtained a visa from the Australian Embassy to enter Australia and travelled from South Africa to Australia by aircraft in December 1998. He destroyed his Algerian passport in flight and was detained on arrival at Perth airport as an unlawful non-citizen. He applied for a protection visa at that time and thereafter has been held in a detention centre. On 8 April 1999 a delegate of the Minister refused to grant a protection visa. On 14 April 1999 the applicant sought a review of that decision by the Tribunal. The Tribunal conducted a review hearing on 2 June 1999. 2 Under s 65 of the Act and under item 866.22 of Sch 2 of the Migration Regulations 1994 ("the Regulations"), if the Minister is satisfied that, inter alia, an applicant for a protection visa is a person to whom Australia has protection obligations under the "Refugees Convention" the visa is to be granted to that applicant.
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