Perchine v Minister for Immigration and Multicultural Affairs [2001] FCA 168

FEDERAL COURT OF AUSTRALIA

Perchine v Minister for Immigration and Multicultural Affairs [2001] FCA 168 Andrei Perchine v Minister for Immigration and Multicultural Affairs N 1104 of 2000 SYDNEY MATHEWS J 27 FEBRUARY 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1104 OF 2000

BETWEEN: ANDREI PERCHINE

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MATHEWS J

DATE OF ORDER: 27 FEBRUARY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1) The application be dismissed. 2) The decision of the Refugee Review Tribunal be affirmed. 3) The applicant is to 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 1104 OF 2000

BETWEEN: ANDREI PERCHINE

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MATHEWS J

DATE: 27 FEBRUARY 2001

PLACE: SYDNEY

REASONS FOR JUDGMENT

1 The applicant seeks review of a decision of the Refugee Review Tribunal ("the Tribunal") made on 26 September 2000, which affirmed a decision of the respondent's delegate not to grant him a protection visa.

2 Under s 36(2) of the Migration Act 1958 (Cth), a criterion for the grant of a protection visa is that the applicant be a non-citizen in Australia to whom Australia has protection obligations under the Refugees Convention, as amended by the Refugees Protocol (known compendiously as "the Convention").In order for Australia to have protection obligations to the applicant, it must be established that he is a person who, "owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country". The applicant says that he has a well founded fear of persecution in his country of nationality, Russia, on the ground of his political opinion.