Cole v Minister of Immigration & Multicultural Affairs [2000] FCA 1375

FEDERAL COURT OF AUSTRALIA

Cole v Minister for Immigration & Multicultural Affairs [2000] FCA 1375

MIGRATION – protection visa – application for review of decision of Refugee Review Tribunal – young Sierra Leone male – father killed and mother wounded by rebel forces – escape via South Africa – subsequent government accord with rebels supported by UN peacekeeping troops – whether Tribunal erred in law in failing to make proper assessment of foreseeability of persecution of applicant – whether events in Sierra Leone after Tribunal's decision relevant for review purposes – whether no evidence – decision based on finding that it was safe for applicant to return to Sierra Leone – whether that fact did not exist – burden of proof Migration Act 1958 (Cth) s 476(1)(e), 476(1)(g), 476(4)(b) Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to "T" v Minister for Immigration and Multicultural Affairs [2000] FCA 467 applied Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547 at 555 distinguished Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300 mentioned Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 mentioned JOHN COLE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 395 of 2000 HEEREY J 27 SEPTEMBER 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 395 of 2000

BETWEEN: JOHN COLE

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 27 SEPTEMBER 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.