Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mwakaya v Minister for Immigration & Multicultural Affairs [2000] FCA 814
MIGRATION – refugee – whether well-founded fear of persecution – Kenyan national – membership of Kenyan Muslim party – detention and mistreatment by police in 1995 – arising from violent demonstrations – release on reporting conditions – departure from country contrary to reporting conditions – the well-founded fear of persecution for a Convention reason – review of Refugee Review Tribunal decision – no legal error disclosed – application dismissed.
Migration Act 1958 (Cth)
ABDALLA KHAMISI MWAKAYA v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
W67of 2000
FRENCH J
16 JUNE 2000
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W67 OF 2000
BETWEEN: ABDALLA KHAMISI MWAKAYA
Applicant
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: FRENCH
DATE OF ORDER: 16 JUNE 2000
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The application is dismissed.
2. The Applicant is to 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 W67 OF 2000
BETWEEN: ABDALLA KHAMISI MWAKAYA
Applicant
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: FRENCH
DATE: 16 JUNE 2000
PLACE: PERTH
REASONS FOR JUDGMENT
Factual Background: 1 Abdulla Khamisi Mwakaya is a citizen of Kenya who was born in Mombassa on 12 May 1970. He is a Muslim and a member of the Digo clan. He is unmarried, his parents are both deceased and he has two brothers and two sisters who are still living in Kenya. Mr Mwakaya arrived in Australia as a stowaway on 4 September 1999. On 1 October 1999 he lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs. On 18 February 2000, a delegate of the Minister for Immigration and Multicultural Affairs refused to grant a visa and on 23 February 2000 he applied for review of that decision to the Refugee Review Tribunal. By a decision given on 7 April 2000, the Tribunal affirmed the delegate's decision not to grant a protection visa. Mr Mwakaya who is in immigration detention at the Port Hedland Detention Centre filed an application for an order of review of the Tribunal's decision on 20 April 2000.
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