Merabishvili v Minister for Immigration & Multicultural Affairs [2000] FCA 1879

FEDERAL COURT OF AUSTRALIA

Merabishvili v Minister for Immigration & Multicultural Affairs [2000] FCA 1879 MIGRATION – application for order of review of Refugee Review Tribunal decision affirming delegate's decision not to grant protection visa – whether there was evidence or other material to justify the making of the decision – whether decision made on the basis of the existence of a particular fact, and that fact did not exist – whether findings appropriately characterised as findings of the non-existence of facts - onus on applicant to bring before the Tribunal material and evidence sufficient to satisfy it of the applicant's entitlement to a protection visa Migration Act 1958 (Cth) ss 476(1)(g), 476(4)(b)

Curragh Queensland Mining Limited v Daniel (1992) 34 FCR 212 applied N258/00A v Minister for Immigration & Multicultural Affairs [2000] FCA 993 discussed Kheirollahpoor v Minister for Immigration & Multicultural Affairs [2000] FCA 1350 referred to Manvelishvili v Minister for Immigration & Multicultural Affairs [2000] FCA 1780 referred to Maisuradze v Minister for Immigration & Multicultural Affairs (unreported, Whitlam J, 6 December 2000) referred to GIA MERABISHVILI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1058 OF 2000 HELY J 21 DECEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1058 OF 2000

BETWEEN: GIA MERABISHVILI

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HELY J

DATE OF ORDER: 21 DECEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed with costs. 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 1058 OF 2000