Puerta v Minister of Immigration & Multicultural Affairs [2000] FCA 1552

FEDERAL COURT OF AUSTRALIA

Puerta v Minister for Immigration & Multicultural Affairs [2000] FCA 1552

IMMIGRATION – application for protection visa – citizen of Peru – former army officer involved in anti-terrorist activity – claim of well-founded fear of persecution by terrorists if he returns to Peru – claim of inadequate protection by Peruvian government – alleged bias by Refugee Review Tribunal – failure to make findings of fact – error of law in assessment of well-founded fear – application dismissed. Migration Act 1958 (Cth)

Sun Zhan Qui v Minister for Immigration and Multicultural Affairs (1997) 81 FCR 71 cited Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 followed JULIO ABEL RUIZ PUERTA and GUADALUPE DEL PILAR MARQUEZ ALTURA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS FRENCH J 2 NOVEMBER 2000 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 179 OF 2000

BETWEEN: JULIO ABEL RUIZ PUERTA

First Applicant

GUADALUPE DEL PILAR MARQUEZ ALTURA

Second Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: FRENCH J

DATE OF ORDER: 2 NOVEMBER 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The Applicants are 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

NEW SOUTH WALES DISTRICT REGISTRY N179 OF 2000

BETWEEN: JULIO ABEL RUIZ PUERTA

First Applicant

GUADALUPE DEL PILAR MARQUEZ ALTURA

Second Applicant

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: FRENCH J