Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jaramillo v Minister for Immigration & Multicultural Affairs [2000] FCA 1403
EDSON FELIPE PELAEZ JARAMILLO v MINISTER FOR IMMIGRATION AND MULTICULATURAL AFFAIRS NO DG 17 OF 1998 O'LOUGHLIN J 6 OCTOBER 2000 ADELAIDE (heard in Darwin)
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY DG 17 OF 1998
BETWEEN: EDSON FELIPE PELAEZ JARAMILLO
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: O'LOUGHLIN J
DATE OF ORDER: 6 OCTOBER 2000
WHERE MADE: ADELAIDE (heard in Darwin)
THE COURT ORDERS THAT: 1 The application be dismissed. 2 The applicant pay the respondent's costs which costs are to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY DG 17 OF 1998
BETWEEN: EDSON FELIPE PELAEZ JARAMILLO
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: O'LOUGHLIN J
DATE: 6 OCTOBER 2000
PLACE: ADELAIDE (heard in Darwin)
REASONS FOR JUDGMENT 1 The applicant, Edson Felipe Pelaez Jaramillo ("Mr Pelaez") came to Australia from his native Colombia on 28 January 1996 on a visitor visa. He applied for a protection visa pursuant to s 36 of the Migration Act 1958 (Cth) ("the Act"), but not until eighteen months later on 7 August 1997. On 27 November 1997 a delegate of the respondent, the Minister for Immigration and Multicultural Affairs, ("the Minister") came to the conclusion that Mr Pelaez was not a refugee and was not entitled to the grant of a protection visa. 2 Mr Pelaez applied to the Refugee Review Tribunal ("the Tribunal") for a review of the delegate's decision. That application was unsuccessful; on 30 September 1998, the Tribunal published its decision and its reasons for affirming the earlier decision of the delegate. The applicant now asks this Court to review the decision of the Tribunal. 3 The prescribed criteria for the grant of a protection visa are set out in subs 36(2) of the Act and cl 866 of Sch 2 to the Migration Regulations: see subs 31(3) and Reg 2.03. Subsection 36(2) of the Act states that the 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 Refugees Convention as amended by the Refugees Protocol."
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