Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ezeribe v Minister for Immigration and Multicultural Affairs [2001] FCA 275
MIGRATION – application for protectionvisa - application for review of decision of Refugee Review Tribunal – whether RRT decision involved an error of law – whether RRT decision based on a fact that did not exist - whether decision affected by actual bias – where Tribunal member stated that some of the applicant's evidence was 'rubbish'
C v Minister for Immigration & Multicultural Affairs [2000] FCA 1649, followed Inderjit Singh v Minister for Immigration & Multicultural Affairs [2001] FCA 73, referred to Neil v Nott (1994) 121 ALR 148, referred to ANAYO CHRISTOPHER EZERIBE v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1472 of 2000 MOORE J 21 MARCH 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1472 OF 2000
BETWEEN: ANAYO CHRISTOPHER EZERIBE
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 21 MARCH 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 1472 OF 2000
BETWEEN: ANAYO CHRISTOPHER EZERIBE
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 21 MARCH 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 This is an application by Anayo Christopher Ezeribe ("the applicant") for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 19 December 2000. The Tribunal affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister"), refusing to grant the applicant a protection visa. The criterion for the grant of such a visa is that the applicant is a person to whom Australia has protection obligations under the Convention Relating to the Status of Refugees of 28 July 1951 as amended by the Protocol Relating to the Status of Refugees of 31 January 1967 ("the Convention").
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