Quaraninamu v Minister for Immigartion and Multicultural Affairs [2000] FCA 1611

FEDERAL COURT OF AUSTRALIA

Qaraninamu v Minister for Immigration & Multicultural Affairs [2000] FCA 1611 Migration – Application for protection visa – review of decision of Refugee Review Tribunal refusing visa – indigenous Fijian resident in Australia for ten years – student visa expired – fear of future civil war in Fiji between three inter-tribal political factions – whether RRT obliged to address such circumstances – whether such circumstances material for RRT's decision – where no evidence of membership in any inter-tribal political faction – impact of the High Court's decision in Ibrahim upon the Full Federal Court's decision in Abdi. Migration Act 1958 (Cth) ss 430(1)(c), 476(1)(a), 476(1)(c), 476(1)(e). Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559. Minister for Immigration and Multicultural Affairs v Abdi (1999) 87 FCR 280. Minister for Immigration and Multicultural Affairs v Ibrahim [2000] HCA 55. Adan v Secretary of State for the Home Department [1998] 2 WLR 702 QARANINAMU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1002 of 2000 CONTI J SYDNEY 13 NOVEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1002 OF 2000

BETWEEN: VAKACEGU QARANINAMU

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 13 NOVEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Application be dismissed.

2. The Applicant pay the costs of the Respondent. 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 1002 OF 2000

BETWEEN: VAKACEGU QARANINAMU

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS