Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Franco-Buitrago v Minister for Immigration & Multicultural Affairs [2000] FCA 1525 MIGRATION – review of a refusal of a protection visa – whether the applicant could reasonably relocate within Colombia and be safe from persecution – whether evidence that the health of the applicant's child could be detrimentally affected by relocation was relevant to the question of internal relocation – whether the Refugee Review Tribunal erred in holding that the evidence was irrelevant
Migration Act 1958 s 476 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 followed Perampalam v Minister for Immigration and Multicultural Affairs (1999) 84 FCR 274 followed LUIS FERNANDO FRANCO-BUITRAGO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 692 OF 2000 TAMBERLIN J SYDNEY 27 OCTOBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 692 OF 2000
BETWEEN: LUIS FERNANDO FRANCO-BUITRAGO
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: TAMBERLIN J
DATE OF ORDER: 27 OCTOBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for review is granted. 2. The decision of the RRT is set aside and remitted to the RRT for determination in accordance with law. 3. The respondent pay the costs of this application and the applicant's costs in the proceedings of the High Court. 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 692 OF 2000
BETWEEN: LUIS FERNANDO FRANCO-BUITRAGO
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: TAMBERLIN J
DATE: 27 OCTOBER 2000
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