Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Domingo v Minister for Immigration & Multicultural Affairs [2001] FCA 101
MIGRATION – application for protection visa – whether Tribunal committed an error of law by misunderstanding requirements of the law as to "a well-founded fear of persecution". Migration Act 1958 (Cth) ss 36(2), 65, 430, 476, 476(1)(e)
Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 referred to Minister for Immigration and Multicultural Affairs v Amani [1999] FCA 1040 referred to JOHN DOMINEK DOMINGO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 77 OF 2000 LEE J 20 FEBRUARY 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 77 OF 2000
BETWEEN: JOHN DOMINEK DOMINGO
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: LEE J
DATE OF ORDER: 20 FEBRUARY 2001
WHERE MADE: PERTH
THE COURT ORDERS THAT: 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
WESTERN AUSTRALIA DISTRICT REGISTRY W 77 OF 2000
BETWEEN: JOHN DOMINEK DOMINGO
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: LEE J
DATE: 20 FEBRUARY 2001
PLACE: PERTH
REASONS FOR JUDGMENT 1 This is an application under s 476 of the Migration Act 1958 (Cth) ("the Act") for review of a decision of the Refugee Review Tribunal ("the Tribunal") which "affirmed" the decision of a delegate of the respondent ("the Minister") that the applicant not be granted a "protection visa". 2 Section 36(2) of the Act provides that: "A criterion for 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." In s 5 of the Act, "Refugees Convention" and "Refugees Protocol" (together referred to hereafter as "the Convention") are defined respectively as "the Convention relating to the Status of Refugees done at Geneva on 28 July 1951" and "the Protocol relating to the Status of Refugees done at New York on 31 January 1967". 3 Section 65 of the Act states that the Minister, if satisfied that, inter alia, the criteria for a visa prescribed by the Act have been satisfied, is to grant the visa and if the Minister is not so satisfied, the grant of the visa is to be refused.
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