Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gogoladze v Minister for Immigration & Multicultural Affairs [2001] FCA 118
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 Merabishvili v Minister for Immigration & Multicultural Affairs [2000] FCA 1879 discussed KHVICHA GOGOLADZE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1059 OF 2000 MOORE J 26 FEBRUARY 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1059 OF 2000
BETWEEN: KHVICHA GOGOLADZE
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 26 FEBRUARY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application is dismissed
2. The applicant pay the respondent's 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 1059 OF 2000
BETWEEN: KHVICHA GOGOLADZE
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 26 FEBRUARY 2001
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